Cunningham v. Holmes et al

Filing 11

JUDGMENT ADOPTING 9 Report and Recommendations, IT IS ORDERED that Plaintiffs 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 Plaintiffs civil rights claims against Earlene Thomas, Shealondrea Holmes, Chuck Upchurch, Judge Robinson, District Attorney J. Schuyler Marvin, and Assistant District Attorney Daius Henderson 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 Donald E Walter on 8/5/2015. (crt,Joffrion, B)

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