Wilkerson v. Dallas Police Department et al

Filing 47

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: re: 21 Findings and Recommendations on Case are correct and they are accepted as the Findings and Conclusions of the Court. Plaintiff's Objections filed on 7/10/2012, are hereby OVERRULED. Further, any other request for relief by the plaintiff is hereby DENIED. (Ordered by Judge Ed Kinkeade on 7/12/2012) (svc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SENRICK SHERN WILKERSON,
Plaintiff,
vs.

DALLAS POLICE DEPARTMENT,
et al.,
Defendants.

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No. 3:12-CV-1832-K

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge and any
objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District
Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are
correct and they are accepted as the Findings and Conclusions of the Court. In this case,
plaintiff raises claims regarding his trial and convictions for sexual assault. Plaintiff’s
prior civil cases against most of the same defendants, which raised claims regarding his
arrest, trial, and convictions were dismissed as barred under Heck v. Humphrey, 512 U.S.
477 (1994). See Wilkerson v. Brooke, et. al., No. 3:11-cv-659-B (N.D. Tex. May 18,
2011); Wilkerson v. Grona-Robb, et. al, No. 3:11-cv-1242-N (N.D. Tex. Nov. 10, 2011).
Plaintiff has now merely added the Dallas Police Department as a defendant, but his
claims still remain barred by Heck.

Plaintiff’s Objections filed on July 10, 2012, are

hereby OVERRULED. Further, any other request for relief by the plaintiff is hereby
DENIED.
Accordingly, this complaint is DISMISSED with prejudice as frivolous pursuant
to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). Plaintiff is further WARNED that if he
files any further civil suits raising claims regarding his criminal trial and convictions, he
could be subject to monetary sanctions.
SO ORDERED.
Signed July 12th, 2012.

ED KINKEADE
UNITED STATES DISTRICT JUDGE

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