[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-2027
ROBERT E. JOYCE,
Plaintiff, Appellant,
v.
JAMES E. CRAWFORD, ETC., ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Patti B. Saris, U.S. District Judge]
Before
Selya, Cyr and Boudin,
Circuit Judges.
Robert E. Joyce on brief pro se.
Donald K. Stern, United States Attorney, and Roberta T. Brown,
Assistant United States Attorney, on brief for appellees James
Crawford, James Farmer, Steven Heymann and Janet Reno.
Merita A. Hopkins, Corporation Counsel, and Susan M. Weise, Chief
of Litigation, City of Boston Law Department, on brief for appellee
Police Officer Coleman.
April 22, 1997
Per Curiam. Robert Joyce appeals from the
district court's denial of his motion to amend his complaint
and its dismissal of his action under Heck v. Humphrey, 512
U.S. 477 (1994). After careful review of the record, we
affirm the judgment below substantially for the reasons given
by the district court in its Memorandum and Order dated July
1, 1996, and in its Order dated August 2, 1996, but we modify
the judgment of dismissal to be without prejudice. See
Guzman-Rivera v. Rivera-Cruz, 29 F.3d 3, 6 (1st Cir. 1994)
(indicating that claims dismissed under Heck are to be
dismissed without prejudice for prematurity).
Affirmed, but the judgment of dismissal is modified
to be without prejudice.
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