Benjamin v. Lt Hardin et al

Filing 12

ORDER OF DISMISSAL. Order Adopting 9 Report and Recommendations of the US Magistrate Judge. This civil action is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. All motions pending in this action are DENIED. The Clerk is to provide a copy of this opinion to the Administrator of the Three Strikes List for EDTX. Signed by Judge Michael H. Schneider on 5/10/2012. (leh, )

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

CHRISTOPHER BENJAMIN, #1372371

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VS.

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LT HARDIN, ET AL.

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CIVIL ACTION NO. 6:12cv10

ORDER OF DISMISSAL
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge John D. Love. The Report and Recommendation (“R&R”) of the Magistrate
Judge, which contains proposed findings of fact and recommendations for the disposition of such
action, concludes that this civil rights action should be dismissed pursuant to Heck v. Humphrey, 512
U.S. 477, 486-87, 114 S. Ct. 2364, 129 L. Ed. 2d 383 (1994) and Edwards v. Balisok, 520 U.S. 641,
648, 117 S. Ct. 1584, 137 L. Ed. 2d 906 (1997) because the prison disciplinary case of which he
improperly complains in this 42 U.S.C. § 1983 case has not been overturned. Therefore, Plaintiff
fails to state a claim upon which relief may be granted under 28 U.S.C. § 1915A(b)(1); however,
dismissal should be without prejudice to Plaintiff refiling his claim at such time as he can
demonstrate that he has been able to have the pertinent prison disciplinary case reversed, expunged
or otherwise declared invalid.
The Plaintiff has filed written objections (docket entry #11). In his objections, Plaintiff again
claims that the disciplinary case written against him and under which certain punishments were
imposed on him, was conducted out of retaliation for his threatening to bring a grievance against
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Defendant Hardin, Objections at 4-6, and that there was no evidence to support the finding of his
guilt, id. at 7-9. However, he does not show that the prison disciplinary case, which is the basis of
his § 1983 suit, has been overturned. In fact, it is clear that it has not been. Regardless of Plaintiff’s
argument, however, the Supreme Court precedent of Heck and Balisok do require just such a
circumstance before his civil rights claims can proceed.
The Court has conducted a careful de novo review of the pleadings in this case, the Report
of the Magistrate Judge, the Plaintiff’s objections thereto, and all other documents, and records in
the case. Upon such de novo review, the Court has concluded that the Report of the Magistrate
Judge is correct and that the Plaintiff’s objections are without merit. It is accordingly
ORDERED that Plaintiff’s objections are OVERRULED and the Report of the Magistrate
Judge is ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled civil case be and hereby is DISMISSED without prejudice
for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1).
.
It is further
ORDERED that any and all other motions that may be pending in this civil action are hereby
DENIED. Finally, it is
ORDERED that the Clerk shall provide a copy of this opinion to the Administrator of the
Three-Strikes List for the Eastern District of Texas.
SIGNED this 10th day of May, 2012.

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____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE