Payton v. Wright et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 ; ORDERED that Plaintiff's objections (Rec. Doc. 14) are hereby OVERRULED; IT IS FURTHER ORDERED that the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Rec. Doc. 13) as its own; IT IS FURTHER ORDERED that Plaintiff's claim against New Orleans Police Officer D. Wright is DISMISSED WITH PREJUDICE. Signed by Judge Carl Barbier on 8/19/13.(sek, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
RAYMOND PAYTON

CIVIL ACTION

VERSUS

NO: 13-181

WRIGHT ET AL.

SECTION "J" (1)
O R D E R

The Court, having considered the record, the applicable law,
the Report and Recommendation of the United States Magistrate Judge
(Rec. Doc. 13), and Plaintiff's objections thereto (Rec. Doc. 14),
hereby approves the Report and Recommendation of the United States
Magistrate Judge and adopts it as its opinion herein.
The Magistrate Judge correctly determined that Plaintiff's
false arrest claims against Officer Wright are barred by Heck v.
Humphrey, 512 U.S. 477 (1994) because he pleaded guilty to a charge
arising

from

that

arrest.

Therefore,

the

Court

agrees

that

Plaintiff's claim is frivolous and must be dismissed with prejudice
until such time as the Heck conditions are met.
Accordingly;
IT IS ORDERED that Plaintiff's objections (Rec. Doc. 14) are

hereby OVERRULED;
IT IS FURTHER ORDERED that the Court hereby ADOPTS the Report
and Recommendation of the United States Magistrate Judge (Rec. Doc.
13) as its own;
IT IS FURTHER ORDERED that Plaintiff’s claim against New
Orleans Police Officer D. Wright is DISMISSED WITH PREJUDICE.
New Orleans, Louisiana this 19th day of August, 2013.

____________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE

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