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Gastelu v. Breslin

United States District Court, E.D. New York
Sep 14, 2005
No. 03-CV-1339 (JG) (E.D.N.Y. Sep. 14, 2005)

Summary

finding Heck applicable so long as the prisoner "was still in prison when he initiated his [section] 1983 action"

Summary of this case from Wilson v. Celestin

Opinion

No. 03-CV-1339 (JG).

September 14, 2005


JUDGMENT


A Memorandum and Order of Honorable John Gleeson, United States District Judge, having been filed on September 12, 2005, granting defendant's motion for reconsideration; and, upon reconsideration granting the motion to dismiss; it is

ORDERED and ADJUDGED that plaintiff take nothing of the defendant; that defendant's motion for reconsideration is granted; and, that upon reconsideration, the motion to dismiss is granted.


Summaries of

Gastelu v. Breslin

United States District Court, E.D. New York
Sep 14, 2005
No. 03-CV-1339 (JG) (E.D.N.Y. Sep. 14, 2005)

finding Heck applicable so long as the prisoner "was still in prison when he initiated his [section] 1983 action"

Summary of this case from Wilson v. Celestin

discussing application of Heck bar to challenges to conditions that delay a prisoner's conditional release

Summary of this case from Ahlers v. Boruch
Case details for

Gastelu v. Breslin

Case Details

Full title:FERNANDO GASTELU, Plaintiff, v. DENNIS BRESLIN, Superintendent, Arthur…

Court:United States District Court, E.D. New York

Date published: Sep 14, 2005

Citations

No. 03-CV-1339 (JG) (E.D.N.Y. Sep. 14, 2005)

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The dispositive factor in the Heck inquiry, however, is whether judgment in favor of the prisoner would…

Wilson v. Celestin

17 WL 8894723, at *8 (N.D.N.Y. Dec. 22, 2017), report and recommendation adopted, 2018 WL 922149 (N.D.N.Y.…