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 FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION JACK STEVEN SPEARS VERSUS RICHARD 0. KIRKHAM, JR., ET AL. CIVIL ACTION NO. 09-147-P JUDGE HICKS MAGISTRATE JUDGE HORNSBY

JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, and noting the lack ofwritten objections filed by Plaintiff and determining that the findings are correct under the applicable law; IT IS ORDERED that Plaintiffs civil rights claims are DISMISSED WITH PREJUDICE as frivolous pursuant to Section 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. THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 23rd day of December 2009.

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& MAURICE bUCKS, f~ UNITED STATES DISTRICT JUDGE