Dixon v. Conque et al

Filing 10

JUDGMENT ADOPTING 8 Report and Recommendations,,. Signed by Judge Tucker L Melancon on 3/11/09. (crt,Jordan, Paula)

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/~A~é9.-UMTED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

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HENRY H. DIXON LDOC #108641 VS. DURW000 W. CONQUE, ET AL

CIVIL ACTION NO. 08-1623 SECTION P JUDGE MELAN~ON MAGISTRATE JUDGE METHVIN JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objections to the Report and Recommendation in the record; IT IS ORDERED that this complaint, insofar as it seeks Dixon's release from custody, be construed as a petition for habeas corpus (28 U.S.C. §225 54) and that it be DENIED AND DISMISSED WITHOUT PREJUDICE because Dixon failed to exhaust all available State court remedies prior to filing suit; IT IS FURTHER ORDERED that this complaint, insofar as it seeks money damages and the arrest and prosecution of the defendants, be DENIED and DISMISSED WITH PREJUDICE as frivolous. THUS DONE AND SIGNED, in chambers, in Lafayette, Louisiana, on this 11t~~y of da March, 2009.

MEISN~ON UNITED STATES DISTRICT JUDGE