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)

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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

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