Ballay v. Gusman et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 ; 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 suc h 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 Carl Barbier on 4/20/15.(sek)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JON CHRISTOPHER BALLAY

CIVIL ACTION

VERSUS

NO. 14-2872

SHERIFF MARLIN GUSMAN ET AL.

SECTION “J” (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, this 20th day of April, 2015.

_________________________________
UNITED STATES DISTRICT JUDGE