Cotton v. Onderdonk et al

Filing 12

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS re 5 MOTION to Amend Complaint 1 Complaint filed by Aven H. Cotton, 1 Complaint filed by Aven H. Cotton. The Court adopts the alternative recommendation that the Heck-barred claims are dismissed with prejudice as frivolous and the remainder of the claims are dismissed without prejudice for failure to state a claim upon which relief can be granted. Signed by Judge Kristi K. DuBose on 12/16/2016. (copy to plaintiff) (cmj)

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
AVEN H. COTTON,

:

Plaintiff,

:

vs.

:

MICHAEL ONDERDONK, et al.,

:

Defendants.

CIVIL ACTION 16-00492-KD-B

:
ORDER

After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and no objection having been filed, the Report and Recommendation of the
Magistrate Judge made under 28 U.S.C. § 636 (b)(1)(B) is ADOPTED as the opinion of this
Court, as follows:
The Court declines to adopt the recommendation that the action be dismissed
without prejudice for lack of standing; and
The Court adopts the alternative recommendation that the Heck-barred claims
be dismissed with prejudice as frivolous pursuant to 28 U.S.C. § 1915A(b)(1)
and the recommendation that the remainder of the claims be dismissed
without prejudice for failure to state a claim upon which relief can be granted
pursuant to 28 U.S.C. § 1915A(b)(1).
Accordingly, it is ORDERED that this action is dismissed with prejudice as to
Plaintiff’s Heck-barred claims and dismissed without prejudice as to the remainder of his
claims.
DONE this 16th day of December 2016.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE