Phillips v. State of Louisiana et al
Filing 10
RULING Adopting 7 Report and Recommendations of the U.S. Magistrate Judge. Accordingly, this action is DISMISSED, with prejudice, as legally frivolous pursuant to 42 U.S.C. § 1983, at least until the conditions set forth in Heck v. Humphrey, supra, are met. See, e.g., Johnson v. McElveen, 101 F.3d 423 (5th Cir. 1997) ("Under Heck, [the plaintiff] cannot state a claim so long as the validity of his conviction has not been called into question as defined therein, which requires dismissal of claims not meeting its preconditions for suit"). Signed by Judge James J. Brady on 8/4/2010. (JDL, )
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