Ortega v. Wright et al

Filing 35

ORDER ADOPTING 32 Magistrate Judge's Report and Recommendation. Plaintiff's First Amended Complaint (Doc. 7 ) is dismissed. Clerk shall enter judgment. Signed by Senior Judge Paul G Rosenblatt on 8/30/16. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Aaron James Ortega,
Plaintiff,

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vs.
Zachary Wright and Douglas Kies,
Defendants.

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No. CV-14-02173-PHX-PGR (DKD)
ORDER

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Having reviewed de novo the Report and Recommendation of Magistrate

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Judge Duncan in light of Plaintiff’s Response to the Court’s Report and

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Recommendation (Doc. 33) and Defendants’ Reply to Plaintiff’s Objection to Report

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and Recommendation (Doc. 34), the Court finds that the plaintiff’s objections should

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be overruled because the Magistrate Judge correctly concluded that this action must

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be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) and Fed.R.Civ.P. 12(b)(6)

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inasmuch as the claims in the First Amended Complaint (Doc. 7) are barred as a

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matter of law under Heck v. Humphrey, 512 U.S. 477 (1994). Therefore,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation
(Doc. 32) is accepted and adopted by the Court.
IT IS FURTHER ORDERED that the plaintiff’s First Amended Complaint (Doc.

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7) is dismissed in its entirety, without leave to amend, for failure to state a claim.

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The Clerk of the Court shall enter judgment accordingly.

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DATED this 30th day of August, 2016.

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