Cooper v. Rogers et al

Filing 13

JUDGMENT ADOPTING 11 Report and Recommendations. Thomas Davis and Police Dept of Homer terminated. IT IS ORDERED that Plaintiff's claim for damages for wrongful stop/arrest and excessive force against Defendants Rogers and Tucker is STAYED u nder the following conditions: a) within 30 days of the date the criminal proceedings against Plaintiff have concluded, Plaintiff must file a motion asking this Court to lift the stay and advising the Court of the outcome of the proceedings; b) if th e stay is lifted and the Court finds Plaintiff's claims would impugn the validity of his conviction, the action will be dismissed under Heck; if no such finding is made, the action will proceed at that time, absent some other bar to suit; and, c) in light of the stay, Plaintiff should not file any more documents in this action until the state court proceedings have concluded. Signed by Judge Elizabeth E Foote on 11/16/2017. (crt,Keifer, K)

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