Hill v. Phan et al

Filing 69

ORDER ADOPTING 65 Report and Recommendations re 1 Complaint, 5 Amended Complaint, 13 Amended Complaint, 21 Amended Complaint and 46 Amended Complaint, filed by David Lee Hill. IT IS ORDERED that Plaintiffs civil rights claims seeking m onetary damages for his allegedly unconstitutional conviction and sentence be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e) until such time as the Heck conditions are met. IT IS FURTHER ORDERED that Plaintiffs civil rights c laims against Charles Rex Scott, Alan J. Golden, John D. Mosely, Jr., Michael Enwright, Ross Owen, Gregory Scott Brady, Amanda Sullivan, and Mrs. Lewis be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e). IT IS FURTHER ORDERED that Plaintiffs request for habeas relief be DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies. Signed by Judge S Maurice Hicks on 7/16/2015. (crt,Haik, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
DAVID LEE HILL

CIVIL ACTION NO. 13-0583-P

VERSUS

JUDGE S. MAURICE HICKS, JR.

HAI PHAN, ET AL.

MAGISTRATE JUDGE HORNSBY
ORDER

For the reasons stated in the Report and Recommendation of the Magistrate Judge
previously filed herein, and after an independent review of the record, including written
objections (Record Document 68)filed by Plaintiff, and determining that the findings are
correct under the applicable law;
IT IS ORDERED that Plaintiff’s civil rights claims seeking monetary damages for his
allegedly unconstitutional conviction and sentence be DISMISSED WITH PREJUDICE as
frivolous under 28 U.S.C. § 1915(e) until such time as the Heck conditions are met.
IT IS FURTHER ORDERED that Plaintiff’s civil rights claims against Charles Rex
Scott, Alan J. Golden, John D. Mosely, Jr., Michael Enwright, Ross Owen, Gregory Scott
Brady, Amanda Sullivan, and Mrs. Lewis be DISMISSED WITH PREJUDICE as frivolous
under 28 U.S.C. § 1915(e).
IT IS FURTHER ORDERED that Plaintiff’s request for habeas relief be DISMISSED
WITHOUT PREJUDICE for failure to exhaust state court remedies.
Plaintiff’s claims against Officer Hai Phan, Unknown SPD Officer, Steve Prator,
Captain Farris, L. Eaton, Deputy Dinkins, Unknown Mail Room Clerk, and Sgt. Craft remain
pending at this time.

Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District Courts
requires the district court to issue or deny a certificate of appealability when it enters a final
order adverse to the applicant. The court, after considering the record in this case and the
standard set forth in 28 U.S.C. Section 2253, denies a certificate of appealability because the
applicant has not made a substantial showing of the denial of a constitutional right.
THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 16th day
of July, 2015.