Stamps v. Outz

Filing 15

JUDGMENT ADOPTING 14 Report and Recommendation of the Magistrate Judge. Plaintiff's claims of violation of privacy and retaliation are DISMISSED as frivolous for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDE RED that Plaintiff's request to bring criminal charges against Defendants and request for transfer are DENIED. IT IS FURTHER ORDERED that thsi action - insofar as it seeks monetary damages for excessive force - is STAYED under the conditions contained herein. Signed by Judge Robert G James on 8/14/2017. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
CHONCEY ALLEN STAMPS
LA. DOC #231297

CIVIL ACTION NO. 3:16-CV-1700
SECTION P

VERSUS

JUDGE ROBERT G. JAMES

MIKE OUTZ

MAG. JUDGE KAREN L. HAYES
JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge
previously filed herein, determining that the findings are correct under the applicable law, and
noting the absence of objections to the Report and Recommendation in the record,
IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff’s claims of violation of
privacy and retaliation are DISMISSED as frivolous for failure to state a claim upon which relief
may be granted.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff’s request
to bring criminal charges against Defendants and request for transfer are DENIED.
IT IS FURTHER ORDERED that this action – insofar as it seeks monetary damages
for excessive force– is STAYED under the following conditions:
a.

If Plaintiff intends to proceed with his claims, within thirty (30) days of
the date the criminal proceedings against him have concluded, he must file
a motion asking the Court to lift the stay;

b.

If the stay is lifted and the Court finds Plaintiff’s claims would impugn the
validity of his conviction, the action will be dismissed under Heck v.
Humphrey, 512 U.S. 477 (1994). If no such finding is made, the action
will proceed at that time, absent some other bar to suit. See Wallace v.
Kato, 547 U.S. 384 (2007);

c.

In light of the stay, Plaintiff should not file any more documents (other
than an objection to this Report and Recommendation) in this action until
the state court proceedings have concluded; and

d.

Defendants shall not be required to answer during the pendency of the
stay, and Plaintiff may not seek a default judgment or conduct any
discovery.

MONROE, LOUISIANA, this 14th day of August, 2017.

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