Spann v. Strain et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS 44 ; IT IS ORDERED that plaintiff's complaint asserting claims pursuant to 42 U.S.C. § 1983 is DISMISSED WITH PREJUDICE, either as legally frivolous or for failure to state a claim under 28 U.S.C. § 1915A(b)(1) and 42 U.S.C. § 1997e(c)(1), or under Heck v. Humphrey, 512 U.S. 477 (1994), until such time as the Heck requirements are met. Signed by Judge Susie Morgan on 1/3/2017.(ajn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KELTON L. SPANN

CIVIL ACTION

VERSUS

NO. 16-4126

SHERIFF RODNEY STRAIN ET AL.
SECTION
“E” (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 DISMISSED WITH PREJUDICE, either as legally frivolous or for
failure to state a claim under 28 U.S.C. § 1915A(b)(1) and 42 U.S.C. § 1997e(c)(1), or
under Heck v. Humphrey, 512 U.S. 477 (1994), until such time as the Heck
requirements are met.
New Orleans, Louisiana, this 3rd day of January, 2017.

____________________________________
UNITED STATES DISTRICT JUDGE