Ellis v. Montgomery et al
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|Date Filed||#||Document Text|
|June 10, 2014
JUDGMENT ADOPTING 1 Complaint filed by Michael D Ellis, 11 Report and Recommendations, IT IS ORDERED that Plaintiffs civil rights claims seeking monetary damages for his allegedly unconstitutional conviction and sentence be DISMISSED WITH PREJ UDICE as frivolous under 28 U.S.C. § 1915(e) until such time as the Heck conditions are met. IT IS FURTHER ORDERED that Plaintiffs civil rights claims against Dale N. Montgomery, II., District Attorney Charles Scott, and Unknown District Attorne y be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e). IT IS FURTHER ORDERED that Plaintiffs request for habeas relief be DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies. Signed by Judge Tom Stagg on 6/10/2014. (crt,Joffrion, B)
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