Fagans v. Bass et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION that this case be dismissed with prejudice to the claims being asserted again until such time as Plaintiff can show that his conviction has been overturned, expunged by executive order, declared invalid in a state collateral proceeding, or called into question through the issuance of a federal writ of habeas corpus. Signed by District Judge Thad Heartfield on 5/23/19. (mrp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
MICHAEL DUNTAE FAGANS,
Plaintiff,
v.
CRAIG L BASS, ATTORNEY AT LAW;
TANYA
L
REED,
ASSISTANT
DISTRICT
ATTORNEY;
DAVID
BRABHAM, JUDGE; AND WILLIAM
JENNINGS, JAIL ADMINISTRATOR;
Defendants.

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CIVIL ACTION NO. 6:18-CV-00238-TH

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate
Judge John D. Love pursuant to 28 U.S.C. § 636. On November 19, 2018, the Magistrate Judge
issued his Report and Recommendation (Doc. No. 13), recommending that the above-styled case
be dismissed with prejudice to the claims being asserted again until such time as Plaintiff can
show that his conviction has been overturned, expunged by executive order, declared invalid in a
state collateral proceeding, or called into question through the issuance of a federal writ of
habeas corpus. Plaintiff, proceeding pro se and in forma pauperis, filed Objections (Doc. No. 15)
to the Report and Recommendation. Generally speaking, Plaintiff argues that he previously
requested an extension to comply with the Court’s Orders to amend and pay an initial partial
filing fee (Doc. Nos. 9 and 10), however, that request was never filed on the docket. (Doc. No.
15.) Plaintiff has also submitted an Amended Complaint (Doc. No. 16) with his Objections.

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The Court conducted a de novo review of the portions of the Magistrate Judge’s findings
to which objections have been raised and finds that the Magistrate Judge’s findings and
conclusions are correct. 28 U.S.C. § 636(b)(1). Furthermore, the Court notes that Plaintiff’s
Amended Complaint (Doc. No. 16) does not overcome the Magistrate Judge’s findings that
Plaintiff’s claims are barred by Heck v. Humphrey, 512 U.S. 477 (1994). Accordingly, the Court
OVERRULES Plaintiff’s Objections (Doc. No. 15) and ADOPTS the Magistrate Judge’s
Report and Recommendation (Doc. No. 13) as the findings of the Court. The above-styled case is
DISMISSED WITH PREJUDICE to the claims being asserted again until such time as
Plaintiff can show that his conviction has been overturned, expunged by executive order,
declared invalid in a state collateral proceeding, or called into question through the issuance of a
federal writ of habeas corpus.
SIGNED this the 23 day of May, 2019.

____________________________
Thad Heartfield
United States District Judge

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