Cobb v. Reed et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 : ORDERED that plaintiff's federal false arrest claims are dismissed with prejudice as frivolous because they are prescribed. FURTHER ORDERED that plaintiff's federal claims for malicious prosec ution, wrongful conviction, and the suppression, fabrication, or alteration of evidence are dismissed with prejudice until such time as the Heck conditions are met. FURTHER ORDERED that plaintiff's state law claims are dismissed without prejudice to their being asserted in the state courts. Signed by Judge Lance M Africk on 5/30/2017.(blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MARVIN COBB

CIVIL ACTION

VERSUS

NO. 17-3696

DISTRICT ATTORNEY
WALTER P. REED, ET AL.

SECTION: “I”(3)

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 false arrest claims are dismissed with prejudice
as frivolous because they are prescribed.
IT IS FURTHER ORDERED that plaintiff’s federal claims for malicious prosecution,
wrongful conviction, and the suppression, fabrication, or alteration of evidence are dismissed with
prejudice until such time as the Heck conditions are met.
IT IS FURTHER ORDERED that plaintiff’s state law claims are dismissed without
prejudice to their being asserted in the state courts.
New Orleans, Louisiana, this 30th day of May, 2017.

___________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE