Antonio Ausler v. Wes Bradford

United States Court of Appeals
For the Eighth Circuit
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No. 17-2487
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Antonio Ausler
lllllllllllllllllllll Plaintiff - Appellant
v.
Wes Bradford; CPL. James Collins; State of Arkansas; Timothy Bunch; Lee Short;
Dan (Charles) Hancock; Ronald Davis, Jr.; Honorable John Putman
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Arkansas - Harrison
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Submitted: January 3, 2018
Filed: January 10, 2018
[Unpublished]
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Before GRUENDER, MURPHY, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Antonio Ausler appeals the district court’s preservice dismissal of his civil1
rights action, brought under, inter alia, 42 U.S.C. § 1983. Having carefully reviewed
The Honorable Timothy L. Brooks, United States District Judge for the1
Western District of Arkansas.

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the record and the parties’ arguments on appeal, we conclude that dismissal was
proper for the reasons explained by the district court. See Moore v. Sims, 200 F.3d
1170, 1171 (8th Cir. 2000) (per curiam) (28 U.S.C. § 1915(e)(2)(B) dismissal
reviewed de novo). Further, we find that Ausler’s argument on appeal--that, because
he was not incarcerated when he filed his complaint, his claims for damages were not
barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994)--is precluded by circuit
precedent. See Newmy v. Johnson, 758 F.3d 1008, 1011-12 (8th Cir. 2014) (noting
that Heck’s favorable-termination rule applies when § 1983 plaintiff is no longer
incarcerated). Accordingly, we deny Ausler’s motion for oral argument, and we
affirm. See 8th Cir. R. 47B.
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