Burgo v. Ruiz et al

Filing 6

JUDGMENT ADOPTING 5 Report and Recommendation. It is ORDERED that plaintiffs civil rights complaint, insofar as plaintiff seeks damages for unlawful conviction and false imprisonment, be DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that this civil rights complaint, insofar as it seeks plaintiffs immediate release from custody, be DISMISSED WITH PREJUDICE as frivolous. Signed by Judge Tucker L Melancon on 12/15/09. (crt,Smith, C)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION DONALD BURGO LA. DOC #197078 VERSUS SOSTENES RUIZ, Ill, ET AL. CIVIL ACTION NO. 09-1165 JUDGE MELAN~ON MAGISTRATE JUDGE METHVIN JUDGMENT This matterwas referred to United States Magistrate Judge Methvin for Report and Recommendation. After an independent review of the record, and noting the absence of any objections, the Court concludes that the Report and Recommendation of the Magistrate Judge is correct and adopts the findings and conclusions therein as its own. Accordingly, it is ORDERED that plaintiff's civil rights complaint, insofar as plaintiff seeks damages for unlawful conviction and false imprisonment, be DISMISSED WITH PREJUDICE as frivolous and for failing to state a claim on which relief may be granted, pursuant to the provisions of 28 U.S.C. 1915. Plaintiff may assert these claims if and when he can meet the Heck v. Humphrey conditions. IT IS FURTHER ORDERED that this civil rights complaint, insofar as it seeks plaintiff's immediate release from custody, be DISMISSED WITH PREJUDICE as frivolous. THUS DONE AND SIGNED this Louisiana. 15 th day of December, 2009 at Lafayette, ft ker L. Meli~r~šon 1N1JH)SIA~FSI)1S1RI( 1JUI)(~L

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