Spears v. Kirkham et al

Filing 11

JUDGMENT IT IS ORDERED that plaintiff's civil rights claims are DISMISSED WITH PREJUDICE as frivolous pursuant to sec 1915(e)until such time as the Heck conditions are met and that Plaintiff's request for habeas relief is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies Signed by Judge S Maurice Hicks on 12/23/09. (crt,Davis, C)

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF LOUISIANA S H R E V E P O R T DIVISION J A C K STEVEN SPEARS V ER SU S R I C H A R D O. KIRKHAM, JR., ET AL. C I V I L ACTION NO. 09-147-P J U D G E HICKS M A G I S T R A T E JUDGE HORNSBY

JU D G M E NT F o r the reasons stated in the Report and Recommendation of the Magistrate Judge p re v io u s ly filed herein, and after an independent review of the record, and noting the lack o f written objections filed by Plaintiff and determining that the findings are correct under the a p p lic a b le law; I T IS ORDERED that Plaintiff's civil rights claims are DISMISSED WITH P R E J U D IC E as frivolous pursuant to Section 1915(e) until such time as the Heck c o n d i tio n s are met and that Plaintiff's request for habeas relief is DISMISSED WITHOUT P R E J U D IC E for failure to exhaust state court remedies. THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 2 3 rd day of December 2009.