Gaines v. Livingston et al
| Barton Ray Gaines |
| Brad Livingston, Eddie Williams, Bruce Zeller, David Mayo, Vikki Wright, J Hill, Samuel Wolfe, NFN Kroll, C Looney, J Hardegree, NFN Strait, Michael Harrington and John Doe |
| 7:2008cv00122 |
| July 29, 2008 |
| US District Court for the Northern District of Texas |
| Prisoner: Civil Rights Office |
| Wichita |
| Reed C O'Connor |
| Defendant |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
40
Memorandum Opinion and Order granting 38 Motion to Dismiss filed by Eddie Williams, Bruce Zeller, C Looney, Samuel Wolfe, J Hill, Brad Livingston. For the foregoing reasons, it is ORDERED that Defendants Amended Motion to Dismiss is GRANTED. Plain tiffs civil rights claims related to the prison disciplinary action are hereby dismissed as frivolous pursuant to 28 U.S.C. § 1915A(b)(1) and with prejudice to their being asserted again unless Plaintiff can demonstrate that the conditions set f orth in Heck v. Humphrey have been satisfied. It is further ORDERED that Plaintiffs remaining civil rights claims are dismissed pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. It is further ORD ERED that, to the extent Plaintiffs complaint presents claims cognizable in a habeas proceeding, such claims are hereby dismissed without prejudice to his right to seek federal habeas relief after fully exhausting state remedies. (Ordered by Judge Reed C O'Connor on 3/22/2010) (ttm)
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