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Westbrook v. Cannizzaro

United States District Court, E.D. Louisiana

April 6, 2015

MARIO O'BRIEN WESTBROOK
v.
ORLEANS PARISH D.A. CANNIZZARO ET AL., SECTION

ORDER

JANE TRICHE MILAZZO, District Judge.

The court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of plaintiff to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,

IT IS ORDERED that plaintiff's complaint asserting claims pursuant to 42 U.S.C. ยง 1983 is hereby DISMISSED WITH PREJUDICE as legally frivolous 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 plaintiff's Section 1983 complaint are DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.


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