Davis v. Caddo Parish et al

Filing 82

JUDGMENT adopting 76 Report and Recommendations, denying 79 Motion to Object to Judicial Review and Factual Findings; terminating all pending motions. Signed by Chief Judge S Maurice Hicks, Jr on 4/26/2021. (crt,McDonnell, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION DENNIS RAY DAVIS, JR. CIVIL ACTION NO. 17-1269-P VERSUS CHIEF JUDGE HICKS WOODY WILSON, ET AL. MAGISTRATE JUDGE HORNSBY JUDGMENT Considering the Report and Recommendation of the Magistrate Judge previously filed herein (Record Document 76), and after an independent review of the record, including written objections (Record Document 80) and a Motion to Object to Judicial Review and Factual Findings (Record Document 79) 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 convictions, sentences, and revocations be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e) until such time as the Heck conditions are met. Plaintiff’s remaining civil rights claims are also DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e). IT IS FURTHER ORDERED that Plaintiff’s Motion to Object to Judicial Review and Factual Findings (Record Document 79) is hereby DENIED. IT IS FURTHER ORDERED that this action—insofar as it seeks the dismissal of the criminal convictions, sentences, revocations and his immediate release—be DISMISSED for failing to state a claim for which relief may be granted pursuant to Section 1983. All pending motions in this matter are hereby TERMINATED. THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 26th day of April, 2021.

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