Opinion
NO. 11-196-JJB-DLD
10-05-2011
JAMES BERRY (#108850) v. JAMES LEBLANC
CIVIL ACTION
RULING
The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Docia L. Dalby dated September 6, 2011 (doc. no. 7) to which no objection has been filed.
The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, the plaintiffs § 1983 action is DISMISSED, with prejudice, as legally frivolous under 42 U.S.C. § 1915, until the conditions set forth in Heck v. Humphrey, supra, are met. See, e.g., Johnson v. McElveen, 101 F.3d 423 (5th Cir. 1997). In addition, in light of the resolution of the plaintiffs claim, the pending motions doc. no. 5 and 6, are DENIED AS MOOT.
Baton Rouge, Louisiana, this 5th day of October, 2011.
JAMES J. BRADY
UNITED STATES DISTRICT JUDGE