Council v. Paris Police Department et al

Filing 31

ORDER OF DISMISSAL Adopting 28 Report and Recommendation. It is therefore ORDERED that Plaintiff's complaint (Dkt. # 1 ) is DISMISSED with prejudice until the Heck conditions are met. It is further ORDERED that this lawsuit counts as a strike pursuant to 28 U.S.C. § 1915(g). Finally, all motions by either party not previously ruled on are hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 03/27/2024. (XL)

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

JUAN MARQUIS COUNCIL, #29832
VS.
PARIS POLICE DEP’T, ET AL.

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CIVIL ACTION NO. 4:22cv827

ORDER OF DISMISSAL
This case was referred to United States Magistrate Judge Aileen Goldman Durrett, who issued
a Report and Recommendation recommending that Plaintiff’s claims and lawsuit be dismissed with
prejudice to their being asserted again until the Heck conditions are met, and that this dismissal counts
as a strike pursuant to 28 U.S.C. § 1915(g). The Report and Recommendation of the Magistrate Judge
(Dkt. #28), which contains proposed findings of fact and recommendations for the disposition of such
action, has been presented for consideration. No objections having been timely filed, the Court finds
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 therefore ORDERED that Plaintiff’s complaint (Dkt. #1) is DISMISSED with prejudice
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until the Heck conditions are met. It is further ORDERED that this lawsuit counts as a strike pursuant
to 28 U.S.C. § 1915(g). Finally, all motions by either party not previously ruled on are hereby
DENIED.
SIGNED this 27th day of March, 2024.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE