Opinion
Case No. 4:17cv106-MW/CAS
07-20-2017
GRIFFIN K. BILLINGSLEY, Plaintiff, v. DANIEL ROUFA and GRADY JORDAN, Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 20. Upon consideration, no objections having been filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court's opinion. The Clerk shall enter judgment stating, "Plaintiff's amended complaint, ECF No. 17, is DISMISSED because federal claims are barred by Heck v. Humphrey. Thus the complaint fails to state a claim and the state law claims should be DISMISSED without prejudice for resolution in state court. The Clerk shall note on the docket this cause is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)." The Clerk shall close the file.
SO ORDERED on July 20, 2017.
s/ Mark E. Walker
United States District Judge