Banks v. Dixon et al

Filing 4

REPORT AND RECOMMENDATIONS re 1 Complaint filed by Marlon James Banks, RECOMMENDING that plaintiff's claims regarding his October, 2006 arrest be DISMISSED WITH PREJUDICE, as untimely. IT IS FURTHER RECOMMENDED that plaintiff's claims fo r false arrest and false imprisonment stemming from his May, 2008 arrest be DISMISSED WITH PREJUDICE for failure to state a claim on which relief can be granted. IT IS FINALLY RECOMMENDED that plaintiff's claim for malicious prosecution BE DISMISSED WITHOUT PREJUDICE as being premature, as the conditions of Heck have not yet been met. Objections to R&R due by 8/7/2009. Signed by Magistrate Judge Kathleen Kay on 7/21/09. (crt,Crawford, A)

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