Opinion

STOKES v. N.J. STATE PAROLE BOARD MEMBERS

Court
District Court, D. New Jersey
Filed
Mar 7, 2025
Cited by
0 cases
Authority
More cited than 34.4%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

JACQUAR STOKES,

Case No. 20–cv–03881–ESK–AMD

Plaintiff,

v.

OPINION AND ORDER

N.J. STATE PAROLE BOARD

MEMBERS, et al.,

Defendants.

Plaintiff Jacquar Stokes submitted a complaint pursuant to 42 U.S.C.

§ 1983 on March 20, 2020 (Complaint). (ECF No. 1.) He alleged that he was

kidnapped and transported across state lines with a fraudulent indictment and

administratively tagged as a parolee and incarcerated at a “staged” quasi-

judicial hearing. (Id. p. 10.) The Complaint challenged both the underlying

parole revocation arrest and subsequent hearing that placed him back in New

Jersey state prison.

District Judge Noel L. Hillman screened the Complaint pursuant to 28

U.S.C. § 1915(e)(2)(B)(ii). (ECF No. 10.) On September 27, 2021, Judge

Hillman concluded that plaintiff’s claims were barred by Heck v. Humphrey,

512 U.S. 477 (1994) because “a judgment in plaintiff’s favor in this case would

completely erode the basis for his revocation of parole, implying that the

revocation was invalid.” (Id. p. 8 (cleaned up).) Judge Hillman dismissed the

Complaint without prejudice and denied leave to amend. (ECF No. 11.)

Plaintiff filed a request to reopen the Complaint on March 5, 2025. (ECF

No. 12.) I will deny the request. Plaintiff’s letter does not provide any

information about the status of his parole revocation proceedings, i.e., whether

they have been reversed on direct appeal, declared invalid by a state tribunal,

or called into question by a federal court’s issuance of a writ of habeas corpus.

See Connolly v. Arroyo, 293 F. App’x 175, 177–78 (3d Cir. 2008). Therefore,

the impediment identified by Judge Hillman still exists; the Complaint remains

barred by Heck. Even if plaintiff is now able to allege facts showing that Heck

no longer applies, he must file a new civil rights complaint. See Ball v.

Angellucci, No. 24–cv–05577, 2025 WL 28240, at *4 (E.D. Pa. Jan. 3, 2025).

IT IS on this 7th day of March 2025 ORDERED that:

1. Plaintiff’s request to reopen the Complaint docketed at ECF No. 12

is denied.

2. The denial is without prejudice to plaintiff filing a new civil rights

complaint in the event the parole revocation has been reversed, vacated, or

otherwise invalidated.

3. The Clerk shall send a copy of this Opinion and Order to plaintiff by

regular mail.

/s/ Edward S. Kiel

EDWARD S. KIEL

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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