Weatherton v. Jones et al

Filing 8

RULING Adopting 4 Report and Recommendations of the U.S. Magistrate Judge, ORDER OF DISMISSAL. Signed by Chief Judge Brian A. Jackson on 11/30/2012. (SMG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
BOBBY WEATHERTON (#197387)
CIVIL ACTION
VERSUS
NO. 12-0298-BAJ-DLD
SUSAN K. JONES, ET AL.

RULING
and ORDER OF DISMISSAL
The Court has carefully considered the petition, the record, the law applicable to
this action, and the Report and Recommendation of United States Magistrate Judge
Docia L. Dalby dated October 31 2012 (doc. 4), and plaintiff’s objection filed November
19, 2012 (doc. 5).
The Court hereby approves the report and recommendation of the magistrate
judge and adopts it as the Court’s opinion herein.
Accordingly, IT IS ORDERED that the petition filed by Bobby Weatherton is dismissed
as legally frivolous and for failure to state a claim upon which relief may be granted pursuant to
28 U.S.C. § 1915e, without prejudice to the plaintiff’s right to seek habeas corpus relief under 28
U.S.C. § 2254 or other relief upon satisfaction of the conditions set forth in Heck v. Humphrey,
supra.

Baton Rouge, Louisiana, November 30, 2012.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA