CHAIRES v. STATE OF FLORIDA, et al.,

Filing 17

ORDER OF DISMISSAL - VACATED AS MOOT 10 First Report and Recommendation.; ACCEPTED and adopted 15 Second Report and Recommendation as the court's opinion. The amend motion for leave to proceed in forma pauperis, doc. 12 is DENIED AS MOOT. "The complaint is dismissed under 28 U.S.C. § 1915(e)(2)(B)." Signed by JUDGE ROBERT L HINKLE on 8/10/2011. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

THEODORE CHAIRES,
Plaintiff,
v.

CASE NO. 4:11cv140-RH/WCS

STATE OF FLORIDA, and
OFFICER A. FURNEY,
Defendants.
___________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s second report and
recommendation, ECF No. 15, and the objections, ECF No. 16. I have reviewed
de novo the issues raised by the objections.
The objections assert, in effect, that Heck v. Humphrey, 512 U.S. 477
(1994), was wrongly decided, or that applying its doctrine in this case would be
unjust. But Heck is the law of the land and squarely applies here. The plaintiff
may challenge his underlying convictions only in an appropriate manner—by a
petition for writ of habeas corpus or analogous motion—not in a federal civil rights
action under 42 U.S.C. § 1983. Accordingly,

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IT IS ORDERED:
1. The second report and recommendation is ACCEPTED and adopted as
the court’s opinion.
2. The clerk must enter judgment stating, “The complaint is dismissed under
28 U.S.C. § 1915(e)(2)(B).”
3. The amend motion for leave to proceed in forma pauperis, ECF No. 12, is
DENIED AS MOOT.
4. The first report and recommendation, ECF No. 10, is VACATED AS
MOOT.
5. The clerk must close the file.
SO ORDERED on August 10, 2011.
s/Robert L. Hinkle
United States District Judge

Case No: 4:11cv140-RH/WCS