Miller v. Clement et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 . IT IS ORDERED that plaintiffs complaint asserting claims pursuant to 42 U.S.C. § 1983 is DISMISSED WITH PREJUDICE, either as legally frivolous, for failure to state a claim or on immunity grounds under 28 U.S.C. § 1915(e)(2), 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 plaintiffs 1983 complaint are DISMISSED WITH PREJUDICE, as successive, subject to Millers ability to seek leave from the United States Court of Appeals for the Fifth Circuit to pursue a successive habeas corpus application. Signed by Judge Susie Morgan.(bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
RICHARD NATHANIEL MILLER

CIVIL ACTION

VERSUS

NO. 16-5778

EDITH BROWN CLEMENT, UNITED
STATES FIFTH CIRCUIT JUDGE 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. Accordingly,
IT IS ORDERED that plaintiff’s complaint asserting claims pursuant to 42 U.S.C. §
1983 is DISMISSED WITH PREJUDICE, either as legally frivolous, for failure to state a
claim or on immunity grounds under 28 U.S.C. § 1915(e)(2), 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
1983 complaint are DISMISSED WITH PREJUDICE, as successive, subject to Miller’s
ability to seek leave from the United States Court of Appeals for the Fifth Circuit to pursue
a successive habeas corpus application.
29th
August
New Orleans, Louisiana, this _________ day of ______________, 2016.

_________________________________
UNITED STATES DISTRICT JUDGE