Chi v. Stover et al

Filing 18

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations. ORDERED that the complaint and all claims against all defendants are DISMISSED with prejudice subject to their being asserted again until the Heck conditio ns are met. Johnson v. McElveen, 101 F.3d 423, 424 (5th Cir. 1996) (claims barred by Heck should be dismissed with prejudice to their being asserted again until the Heck conditions are met). Plaintiffs objections are OVERRULED. Additionally, Plaintif f filed a motion to stay (Dkt. #16). A review of Plaintiffs underlying criminal case shows that both his direct appeal and his writ of certiorari have been denied. Accordingly, Plaintiff's motion to stay (Dkt. #16) is DENIED. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Amos L. Mazzant, III on 11/3/2016. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

ANSON CHI, #44588-177
VS.
ANDREW STOVER, et al.

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CIVIL ACTION NO. 4:16cv317

ORDER OF DISMISSAL
This civil action was referred to a United States Magistrate Judge, who issued a Report and
Recommendation concluding that the complaint should be dismissed with prejudice pursuant to 28
U.S.C. § 1915A(b)(1) (Dkt #12). Plaintiff filed objections.
In his objections, Plaintiff reasserts the issues raised in his complaint. However, he does not
show that Heck v. Humphrey does not apply to his case, 512 U.S. 477, 486-87, 114 S. Ct. 2364,
2372, 129 L. Ed.2d 383 (1994). Because Heck applies to Plaintiff’s case, it must be dismissed since
Plaintiff fails to show that his conviction or sentence has been reversed, expunged, invalidated, or
otherwise called into question. Id. He also fails to show that Judge Schell, the United States
Attorney, and Assistant United States Attorneys are not immune from liability. Boyd v. Biggers, 31
F.3d 279, 284-85 (5th Cir. 1994) (claims against defendants with absolute immunity, such as judges
and prosecutors, should be dismissed with prejudice).
In conclusion, the Report of the Magistrate Judge, which contains proposed findings of fact
and recommendations for the disposition of such action, has been presented for consideration.
Having made a de novo review of the objections raised by Plaintiff to the Report, the Court
concludes that the findings and conclusions of the Magistrate Judge are correct, and adopts the same

as the findings and conclusions of the Court.

It is accordingly

ORDERED that the complaint and all claims against all defendants are DISMISSED with
prejudice subject to their being asserted again until the Heck conditions are met. Johnson v.
McElveen, 101 F.3d 423, 424 (5th Cir. 1996) (claims barred by Heck should be dismissed with
prejudice to their being asserted again until the Heck conditions are met). Plaintiff’s objections are
OVERRULED.

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Additionally, Plaintiff filed a motion to stay (Dkt. #16). A review of Plaintiff’s underlying
criminal case shows that both his direct appeal and his writ of certiorari have been denied.
Accordingly, Plaintiff’s motion to stay (Dkt. #16) is DENIED. All motions by either party not
previously ruled on are hereby DENIED.

SIGNED this 3rd day of November, 2016.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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