Blackwell v. Fox et al

Filing 10

ORDER ADOPTING 5 Report and Recommendations. Plaintiff's civil rights complaint is DISMISSED. Plaintiff's possible habeas claims are DISMISSED without prejudice. All motions not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 04/16/13. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
CHRISTOPHER BLACKWELL, #1757862

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VS.

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TROY G. FOX, ET AL.

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CIVIL ACTION NO. 6:13cv297

ORDER OF DISMISSAL
Plaintiff Christopher Blackwell, an inmate confined in the Texas prison system, proceeding
pro se and in forma pauperis, filed this lawsuit pursuant to 42 U.S.C. § 1983 complaining that he
had not been released on parole or mandatory supervision. He sued various Texas Parole Board
officials. The complaint was referred to United States Magistrate Judge Judith K. Guthrie, who
issued a Report and Recommendation concluding that complaint is barred by Heck v. Humphrey, 512
U.S. 477, 486-87 (1994). See also Jeffery v. Owens, 216 Fed. Appx. 396, 397 (5th Cir. 2006)
(extending Heck to decisions denying an inmate early release). The Plaintiff has filed objections.
The Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and having
made a de novo review of the objections raised by the Plaintiff to the Report, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections of
the Plaintiff are without merit. Therefore the Court hereby adopts the findings and conclusions of
the Magistrate Judge as the findings and conclusions of the Court. It is accordingly
ORDERED that the Plaintiff’s civil rights complaint is DISMISSED pursuant to 28 U.S.C.
§ 1915A(b)(1). It is further

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ORDERED that the Plaintiff’s possible habeas claims are DISMISSED without prejudice.
It is further
ORDERED that all motions not previously ruled on are hereby DENIED.
So ORDERED and SIGNED this 16th day of April, 2013.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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