SMITH v. DICKENS et al
||September 28, 2006
||US District Court for the Northern District of Florida
||MAURICE M PAUL
|Nature of Suit:
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
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|December 29, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION 60 Report and Recommendation; GRANTING 49 Motion to Dismiss; GRANTING 52 Motion to Dismiss; GRANTING 56 Motion to Dismiss; GRANTING 59 Motion to Dismiss. Signed by SENIOR JUDGE MAURICE M PAUL on 12/29/2008. Plaintiffs complaint, Doc. 1 , is DISMISSED as barred by Heck v. Humphrey and by the abstention doctrine. (kdm)
|November 25, 2008
REPORT AND RECOMMENDATION re 1 Complaint, 49 First MOTION to Dismiss, 52 First MOTION to Dismiss , 56 First MOTION to Dismiss , 59 First MOTION to Dismiss : It is recommended that Defendants motions (docs. 49 , 52 , 56 , and 59 ) be GRANTED, and Plaintiffs complaint (doc. 1 ), be DISMISSED as barred by Heck v. Humphrey, and barred by the abstention doctrine because there are ongoing state court proceedings raising the same issues. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 11/25/2008. Internal deadline for referral to district judge if objections are not filed earlier: 12/23/2008. (kdm)
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