Clark v. Seal et al

Filing 18

ORDER - IT IS ORDERED that plaintiff's federal habeas corpus claims are DISMISSED WITHOUT PREJUDICE due to his failure to exhaust his remedies in the state courts. IT IS FURTHER ORDERED that plaintiffs federal civil rights claims against Nurse Saltaformaggio are DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(1)(A)(i). IT IS FURTHER ORDERED that plaintiff's federal civil rights claims against Officer James Cockells are DISMISSED WITH PREJUDICE to their being asserted again until th e Heck conditions are met. IT IS FURTHER ORDERED that all of plaintiff's remaining federal civil rights claims against all remaining defendants are DISMISSED WITH PREJUDICE as frivolous and/or for failure to state a claim on which relief may be granted. Signed by Judge Martin L.C. Feldman on 3/8/2017.(cg)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CHRISTOPHER LOUIS CLARK CIVIL ACTION VERSUS NO. 16-15780 SHERIFF RANDY SEAL, ET AL. SECTION: “F”(1) 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 any party 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 federal habeas corpus claims are DISMISSED WITHOUT PREJUDICE due to his failure to exhaust his remedies in the state courts. IT IS FURTHER ORDERED that plaintiff’s federal civil rights claims against Nurse Saltaformaggio are DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(1)(A)(i). IT IS FURTHER ORDERED that plaintiff’s federal civil rights claims against Officer James Cockells are DISMISSED WITH PREJUDICE to their being asserted again until the Heck conditions are met. IT IS FURTHER ORDERED that all of plaintiff’s remaining federal civil rights claims against all remaining defendants are DISMISSED WITH PREJUDICE as frivolous and/or for failure to state a claim on which relief may be granted. March New Orleans, Louisiana, this _____ day of _______________, 2017. 8th __________________________________________ UNITED STATES DISTRICT JUDGE

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