Odums v. Curtis et al

Filing 9

JUDGMENT ADOPTING 6 Report and Recommendations, ORDERED that this action - insofar as it seeks monetary damages for wrongful arrest, imprisonment and prosecution - be STAYED. The parties must file a status report with the Clerk of Court within 30 days of the date the state court criminal proceedings against Plaintiff have concluded.Signed by Judge S Maurice Hicks on 01/05/2016. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
SURCOREY DEMONTRE ODUMS

CIVIL ACTION NO. 5:14-cv-3234

VS.

SECTION P
JUDGE S. MAURICE HICKS

J. CURTIS AND WILLIE SHAW

MAGISTRATE 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, and consistent with this Court’s prior practice,
IT IS ORDERED that this action– insofar as it seeks monetary damages for
wrongful arrest, imprisonment and prosecution – be STAYED under the following
conditions:
a.

Within thirty (30) days of the date the state court criminal
proceedings against Plaintiff have concluded, the parties must file a
status report with the Clerk of Court;

b.

If, after conclusion of the state court criminal proceedings, 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 such as
prescription. See Wallace v. Kato, 549 U.S. 384, 393-94 (2007);

c.

In light of the stay, Plaintiff should not file any more documents 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.

5th
January
SHREVEPORT, LOUISIANA, this _______ day of ______________________,

2016.

__________________________________
S. MAURICE HICKS
UNITED STATES DISTRICT JUDGE