Baker v. Strider

Full title: DON BAKER v. CLIFFORD ROYCE STRIDER, III, ET AL.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

Date published: Mar 23, 2015

CIVIL ACTION NO. 3:14-cv-0138 SECTION P (W.D. La. Mar. 23, 2015)

Opinion

CIVIL ACTION NO. 3:14-cv-0138 SECTION P

03-23-2015

DON BAKER v. CLIFFORD ROYCE STRIDER, III, ET AL.

JUDGE DONALD E. WALTER

MAGISTRATE JUDGE KAREN L. HAYES

JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objections to the Report and Recommendation in the record;

IT IS ORDERED THAT this action - insofar as it seeks money damages for false arrest, imprisonment and prosecution of the pending simple arson charges under Docket No. 63374 - be STAYED under the following conditions:

a. If plaintiff intends to proceed with his claims, within thirty (30) days of the date the criminal proceedings against him have concluded he must file a motion asking the court to lift the stay;
b. If the stay is lifted and the court finds plaintiff's claims would impugn the validity of his conviction, the action will be dismissed under Heck ; if no such finding is made, the action will proceed at that time, absent some other bar to suit. See Wallace , 127 S.Ct. at 1098; and,
c. In light of the stay, plaintiff SHALL NOT file any additional documents in this action until the state court proceedings have concluded; and,

IT IS FURTHER ORDERED THAT this action - insofar as it seeks money damages for false arrest, imprisonment, and prosecution of the cyberstalking charges under Docket No. 56748 - be DISMISSED WITH PREJUDICE as frivolous until such time as plaintiff can demonstrate that he can meet the Heck v. Humphrey conditions;

IT IS FURTHER ORDERED THAT this action - insofar as it seeks money damages for false imprisonment based upon plaintiff's assertion that he has completed his cyberstalking sentence and bonded out on the arson charge - be DISMISSED WITH PREJUDICE as frivolous until such time as plaintiff can demonstrate that he can meet the Heck v. Humphrey conditions; and,

IT IS FURTHER ORDERED THAT this action - insofar as it seeks the dismissal of the pending criminal charges and plaintiff's immediate release- be DISMISSED for failing to state a claim for which relief may be granted pursuant to Section 1983.

THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 23 day of March, 2015.

/s/ _________

DONALD E. WALTER

UNITED STATES DISTRICT JUDGE