Smith v. Livingston

Filing 9

Order. The Court finds that the findings and conclusions of the Magistrate Judge 7 are correct and ADOPTS them as the findings and conclusions of the Court. The Court denies Plaintiff's Motion to Withdraw Civil Action 8 . The Court furth er finds that this cause of action should be DISMISSED WITH PREJUDICE to the claims being asserted again until the Heck conditions are met. The dismissal will count as a strike within the meaning of 28 U.S.C. § 1915(g). The Motion for Temporary Restraining Order 6 is contemporaneously DENIED. (Ordered by Senior Judge Sam R Cummings on 7/25/2017) (mmg)

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