Smith v. Livingston

Smith v. Livingston

Plaintiff:	David Wayne Smith
Defendant:	Brad Livingston
Case Number:	1:2016cv00091
Filed:	May 26, 2016
Court:	US District Court for the Northern District of Texas
Office:	Abilene Office
County:	Mitchell
Presiding Judge:	E. Scott Frost
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
July 25, 2017	Filing 9 Order. The Court finds that the findings and conclusions of the Magistrate Judge 7 are correct and ADOPTS them as the findings and conclusions of the Court. The Court denies Plaintiff's Motion to Withdraw Civil Action 8 . The Court furth er finds that this cause of action should be DISMISSED WITH PREJUDICE to the claims being asserted again until the Heck conditions are met. The dismissal will count as a strike within the meaning of 28 U.S.C. § 1915(g). The Motion for Temporary Restraining Order 6 is contemporaneously DENIED. (Ordered by Senior Judge Sam R Cummings on 7/25/2017) (mmg)

Date Filed

Document Text

July 25, 2017

Filing 9 Order. The Court finds that the findings and conclusions of the Magistrate Judge 7 are correct and ADOPTS them as the findings and conclusions of the Court. The Court denies Plaintiff's Motion to Withdraw Civil Action 8 . The Court furth er finds that this cause of action should be DISMISSED WITH PREJUDICE to the claims being asserted again until the Heck conditions are met. The dismissal will count as a strike within the meaning of 28 U.S.C. § 1915(g). The Motion for Temporary Restraining Order 6 is contemporaneously DENIED. (Ordered by Senior Judge Sam R Cummings on 7/25/2017) (mmg)

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Plaintiff: David Wayne Smith
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Defendant: Brad Livingston
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