Hickmon v. 18th Judicial Circuit Court, et al

Filing 5

ORDER denying 2 Motion for leave to proceed in forma pauperis, adopting Report and Recommendations re 3, dismissing case . Signed by Judge Anne C. Conway on 3/31/2006. (Conway, Anne)

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Hickmon v. 18th Judicial Circuit Court, et al Doc. 5 Case 6:06-cv-00356-ACC-DAB Document 5 Filed 03/31/2006 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION LEVORY HICKMON, Plaintiff, -vs18TH JUDICIAL CIRCUIT COURT IN AND FOR SEMINOLE COUNTY, FLORIDA, AND FIFTH DISTRICT COURT OF APPEALS OF FLORIDA, Defendants. ________________________________________ Case No. 6:06-cv-356-Orl-22DAB ORDER Upon the Court's review of this case, it is ORDERED as follows: 1. The Magistrate Judge's March 23, 2006 Report and Recommendation ("R&R") (Doc. 3) is APPROVED AND ADOPTED insofar as it recommends dismissal on the basis of Abella v. Rubino, 63 F.3d 1063 (11th Cir. 1995). The Court need not reach the other grounds for dismissal set forth in the R&R. 2. Plaintiff's Objection (Doc. 4) to the R&R, filed on March 28, 2006, is OVERRULED. Although Plaintiff's complaint seeks declaratory relief, rather than money damages, declaratory relief claims which challenge the validity of the claimant's conviction are not cognizable under 42 U.S.C. 1983. Abella, 63 F.3d at 1066. 3. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. 2), filed on March 21, 2006, is DENIED. 4. This action is DISMISSED as frivolous. Dockets.Justia.com Case 6:06-cv-00356-ACC-DAB Document 5 Filed 03/31/2006 Page 2 of 2 5. The Clerk shall close this case. DONE and ORDERED in Chambers, in Orlando, Florida on March 31, 2006. Copies furnished to: Counsel of Record Unrepresented Party Magistrate Judge Baker -2-

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