Miller v. Clement et al
| Richard Nathaniel Miller |
| Edith Brown Clement, W Eugene Davis, Gregg J. Costa, Jay C. Zainey, Alma L. Chasez, John Bel Edwards, Jeff Landry, Leon Cannizarro, Andrew Pickett, J. Bryant Clark and State of Louisiana |
| 2:2016cv05778 |
| May 9, 2016 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| East Feliciana |
| Susie Morgan |
| Joseph C. Wilkinson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
13
ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 . IT IS ORDERED that plaintiffs complaint asserting claims pursuant to 42 U.S.C. § 1983 is DISMISSED WITH PREJUDICE, either as legally frivolous, for failure to state a claim or on immunity grounds under 28 U.S.C. § 1915(e)(2), or under Heck v. Humphrey, 512 U.S. 477 (1994), until such time as the Heck requirements are met. IT IS FURTHER ORDERED that all habeas corpus claims asserted in plaintiffs 1983 complaint are DISMISSED WITH PREJUDICE, as successive, subject to Millers ability to seek leave from the United States Court of Appeals for the Fifth Circuit to pursue a successive habeas corpus application. Signed by Judge Susie Morgan.(bwn)
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