Benoit v. 16th Judicial District Court et al
JUDGMENT ADOPTING 8 Report and Recommendations. IT IS ORDERED that plaintiff's civil rights complaint - insofar as plaintiff seeks monetary damages for an unlawful arrest, prosecution, conviction and imprisonment - is DISMISSED WITH PREJUDICE subject to reassertion if the requirements of Heck v.Humphrey are met. IT IS FURTHER ORDERED that this civil rights complaint-insofar as it seeks plaintiff's immediate or speedier release from custody - is DISMISSED WITH PREJUDICE for failing to state a claim for which relief may be granted. IT IS FURTHER ORDERED that plaintiff's claims against the Sixteenth Judicial District Court is DISMISSED WITH PREJUDICE as frivolous and failing to state a claim for which relief may be granted. IT IS FURTHER ORDERED that the complaint - insofar as it seeks money damages from the Clerk of Court Michael Thibodeaux - be DISMISSED WITH PREJUDICE for seeking damages from a defendant who is immune from suit. Signed by Judge Rebecca F Doherty on 4/06/10. (crt,Guidry, C)
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