Westbrook v. Cannizzaro
Filing
5
ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 : Plaintiff's complaint asserting claims pursuant to 42 U.S.C. 1983 is hereby DISMISSED WITH PREJUDICE as legally frivolous or under Heck v. Humphrey, 512 U.S. 477 (1994), until such time as the Heck requirements are met. FURTHER ORDERED that all habeas corpus claims asserted in plaintiff's Section 1983 complaint are DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies. Signed by Judge Jane Triche Milazzo.(ecm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MARIO O’BRIEN WESTBROOK
CIVIL ACTION
VERSUS
NO. 14-2546
ORLEANS PARISH D.A.
CANNIZZARO ET AL.
SECTION "H" (2)
ORDER
The court, having considered the complaint, the record, the applicable law,
the Report and Recommendation of the United States Magistrate Judge, and the
failure of plaintiff to file an objection 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 complaint asserting claims pursuant to
42 U.S.C. § 1983 is hereby DISMISSED WITH PREJUDICE as legally
frivolous or under Heck v. Humphrey, 512 U.S. 477 (1994), until such time as the
Heck requirements are met.
IT IS FURTHER ORDERED that all habeas corpus claims asserted in
plaintiff’s Section 1983 complaint are DISMISSED WITHOUT PREJUDICE
for failure to exhaust state court remedies.
New Orleans, Louisiana, on this 6th day of April, 2015.
________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?