Augustin v. Prieto

Full title: HAROLD JOSEPH AUGUSTIN v. MALISE PRIETO, ET AL

Court: United States District Court, E.D. Louisiana

Date published: Jan 3, 2007

CIVIL ACTION NO. 06-7193, SECTION: "C" (3) (E.D. La. Jan. 3, 2007)

Opinion

CIVIL ACTION NO. 06-7193, SECTION: "C" (3).

January 3, 2007

ORDER

HELEN BERRIGAN, Chief Judge

The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge and the plaintiff's objections 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 over the plaintiff's objections. Therefore,

IT IS ORDERED that plaintiff's claims for monetary damages are DISMISSED WITH PREJUDICE to their being asserted again until theHeck conditions are met.

IT IS FURTHER ORDERED that plaintiff's habeas corpus claims are DISMISSED WITHOUT PREJUDICE to their being asserted in his pending habeas corpus proceeding civil action number 06-6757.

IT IS FURTHER ORDERED that plaintiff's motion for a temporary restraining order and preliminary injunction, Rec. Doc. 5, is DENIED.