Nelson v. Aycock et al
| Glen Dale Nelson |
| Geary S Aycock, Jerry Jones, Ouachita Parish, Quenten Holmes and James Willis |
| 3:2009cv00623 |
| April 14, 2009 |
| US District Court for the Western District of Louisiana |
| Prisoner: Civil Rights Office |
| Ouachita |
| Karen L Hayes |
| Robert G James |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
10
REPORT AND RECOMMENDATIONS re 5 Complaint filed by Glen Dale Nelson and 7 MOTION to Dismiss Complaint filed by Jerry Jones, Geary S Aycock. IT IS RECOMMENDED that plaintiff's civil rights complaint, insofar as it seeks dismissal of the pend ing State charges and plaintiff's release from custody be construed as a petition for habeas corpus and that such claims be DISMISSED WITHOUT PREJUDICE for failure to exhaust State court remedies; IT IS FURTHER RECOMMENDED that plaintiff's civil rights complaint be DISMISSED WITH PREJUDICE as frivolous; IT IS FURTHER RECOMMENDED that plaintiff's civil rights complaint insofar as it alleges false arrest and imprisonment be DISMISSED WITH PREJUDICE as frivolous and for failing to state a claim on which relief may be granted. FURTHER, the pending Motion to Dismiss is DENIED as premature. Objections to R&R due by 6/29/2009. Signed by Magistrate Judge Karen L Hayes on 06/11/09. (crt,Yocum, M)
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