Battle v. Hood et al

Filing 17

JUDGMENT adopting 8 Report and Recommendations. The Clerk of Court is ordered to close this case. Signed by Chief Judge S Maurice Hicks, Jr on 10/15/2020. (crt,McDonnell, D)

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Case 5:20-cv-00406-SMH-KLH Document 17 Filed 10/15/20 Page 1 of 2 PageID #: 100 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION DANNY BATTLE CIVIL ACTION NO. 20-00406 VERSUS JUDGE S. MAURICE HICKS, JR. SARAH MIDBOE HOOD, ET AL. MAGISTRATE JUDGE HAYES JUDGMENT For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the objections (Record Document 14) thereto, and after an independent review of the record, having determined that the findings and recommendation of the Magistrate Judge are correct under the applicable law and deferring to the opportunity of the Magistrate Judge to judge the credibility of the witnesses; IT IS ORDERED that the Plaintiff’s claims against District Attorney Charles Scott, Judge Brady O’Callaghan, and Assistant District Attorney Sarah Hood be DISMISSED. IT IS FURTHER ORDERED that Plaintiff's claims against Deputy Clerk Sherry Barry, as well as Plaintiff's claims premised on his requests for declaratory relief, be DISMISSED WITH PREJUDICE as frivolous until the Heck conditions are met. IT IS FURTHER ORDERED that Plaintiff's claims against Attorney Kevin Berg be DISMISSED. IT IS FURTHER ORERED that Plaintiff's request for release from custody be DISMISSED WITHOUT PREJUDICE to Plaintiff's right to pursue habeas corpus relief after he exhausts all available state court remedies. The Clerk of Court is ordered to close this case. Case 5:20-cv-00406-SMH-KLH Document 17 Filed 10/15/20 Page 2 of 2 PageID #: 101 THUS DONE AND SIGNED, at Shreveport, Louisiana, this 15th day of October, 2020. ___________________________________ S. MAURICE HICKS, JR., CHIEF JUDGE UNITED STATES DISTRICT COURT

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