Collins v. Louisiana

Filing 8

JUDGMENT ADOPTING conclusions of Report and Recommendation.IT IS ORDERED that plaintiff's civil rights complaint be DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that plaintiff's claims against criminal defense attorney Rod Simon be DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that plaintiff's habeas corpus claims be DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Richard T Haik, Sr on 5/18/09. (crt,Brazell, G)

RECEIVED
USDC, WESTERN DISTRICT OF LA TONY R. MOORE CLER DATE

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA

STEPHEN COLLINS VS. STATE OF LOUISIANA, ET AL.

CIVIL ACTION NO. 6:08-1683 SECTION P CHIEF JUDGE HAIK MAGISTRATE JUDGE HILL JUDGMENT

This matter was referred to United States Magistrate Judge C. Michael Hill for Report and Recommendation. No objections have been filed. The Court concludes that the Report and Recommendation of the magistrate judge is correct and therefore adopts the conclusions set forth therein. Accordingly; IT IS ORDERED that plaintiff's civil rights complaint be DISMISSED WITH PREJUDICE subject to reassertion if the requirements of Heck v. Humphrey are met. IT IS FURTHER ORDERED that plaintiff's claims against criminal defense attorney Rod Simon be alternatively DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §~1915(e)(2)(B)(ii) nd 1915A(b)(1) because plaintiff has failed to state a claim upon which a relief may be granted. IT IS FURTHER ORDERED that plaintiff's habeas corpus claims be DISMISSED WITHOUT PREJUDICE for failure to exhaust available State court remedies. THUS DONE AND SIGNED, in chambers, in Lafayette, Louisiana, on this day of_____________________ 2009.

/f

C ARDT.HAIK UNITED STATES DISTRICT JUDGE