Harris v. Ouachita Parish et al

Filing 11

JUDGMENT Adopting 10 Report and Recommendation of the Magistrate Judge, Dismissing Plaintiff's request for this Court to intervene in his state court proceeding. It is Further Ordered that Plaintiff's claims against Sheriffs Dept Ouachi ta Parish and Jay Russell are Dismissed With Prejudice as frivolous and failure to state claims on which relief can be granted. It Is Further Ordered that the remainder of this action be Stayed under the conditions listed in the Judgment. Signed by Judge Terry A Doughty on 7/13/2018. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

MICHAEL D. HARRIS

CIVIL ACTION NO. 18-0606
SECTION P

VERSUS

JUDGE TERRY A. DOUGHTY

SHERIFFS DEPT. OUACHITA
PARISH, ET AL.

MAG. JUDGE KAREN L. HAYES

JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, no
objections thereto having been filed, and finding that same is supported by the law and the record
in this matter,
IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff Michael D. Harris’s
request for this Court to intervene in his state court proceeding is DISMISSED WITH
PREJUDICE under the Younger abstention doctrine.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff’s claims
against Defendants “Sheriffs Dept. Ouachita Parish” and Jay Russell are DISMISSED WITH
PREJUDICE as frivolous and for failure to state claims on which relief can be granted.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the remainder of this
action is STAYED under the following conditions:

a. If Plaintiff intends to proceed with his claims, he must, within thirty (30) days
of the date the criminal proceedings against him have concluded, 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; if no such
finding is made, the action will proceed at that time, absent some other bar to suit;

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 stay, and Plaintiff may
not seek a default judgment or conduct any discovery.

MONROE, LOUISIANA, this 13th day of July, 2018.

______________________________________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE

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