BILLINGSLEY v. ROUFA

Filing 21

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION - The report and recommendation is accepted and adopted as this Court's opinion. The Clerk shall enter judgment stating, "Plaintiff's amended complaint, ECF No. 17 , is DISMISSED because federal claims are barred by Heck v. Humphrey. Thus the complaint fails to state a claim and the state law claims should be DISMISSED without prejudice for resolution in state court. The Clerk shall note on the docket this cause is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)." The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 7/20/2017. (cle)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
GRIFFIN K. BILLINGSLEY,
Plaintiff,
v.

Case No. 4:17cv106-MW/CAS

DANIEL ROUFA and
GRADY JORDAN,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation. ECF No. 20. Upon consideration, no objections having
been filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. The Clerk shall enter judgment stating, “Plaintiff’s amended complaint,
ECF No. 17, is DISMISSED because federal claims are barred by Heck v.
Humphrey. Thus the complaint fails to state a claim and the state law claims should
be DISMISSED without prejudice for resolution in state court. The

1

Clerk shall note on the docket this cause is dismissed pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii).” The Clerk shall close the file.
SO ORDERED on July 20, 2017.
s/Mark E. Walker
____
United States District Judge

2