Johnson v. Department of Public Safety And Corrections et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 . Signed by Judge Carl Barbier on 02/12/2009.(mmm, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RODERICK EARL JOHNSON VERSUS DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, ET AL. ORDER The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and the Plaintiff's Objections (Rec. Doc. 5) to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore; IT IS ORDERED that Plaintiff's Objections (Rec. Doc. 5) are hereby OVERRULED. IT IS FURTHER ORDERED that Plaintiff's habeas corpus claim is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies. IT IS FURTHER ORDERED that Plaintiff's claims pursuant to 42 U.S.C. § 1983 against the Louisiana Department of Public Safety and Corrections be DISMISSED WITH PREJUDICE as barred by the Eleventh Amendment. CIVIL ACTION NO. 09-0120 SECTION "J"(1)

IT IS FURTHER ORDERED that plaintiff's claims pursuant to 42 U.S.C. § 1983 against all other defendants be DISMISSED WITH PREJUDICE to their being asserted again until the Heck conditions are met. Hello This is a Test

February New Orleans, Louisiana, this _____ day of _____________, 2009.

UNITED STATES DISTRICT JUDGE

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