Summary
finding claim that defendants unlawfully conspired to indict and convict him of crimes he did not commit was barred by Heck doctrine where a determination that the indictment in plaintiff's criminal case was defective would call into question the validity of plaintiff's conviction
Summary of this case from Humbert v. LeviOpinion
Case No.: 3:05cv348/MCR/MD.
February 13, 2006
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated January 25, 2006. The plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made.
Having considered the report and recommendation and any objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. This action is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(b)(ii) and the clerk is directed to close the file.
DONE AND ORDERED.