Opinion
CIVIL ACTION NO. 15-141-P
08-05-2015
HENRY CUNNINGHAM v. SHEALONDREA HOLMES, ET AL.
MAGISTRATE JUDGE HORNSBY
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, including written objections filed by Plaintiff, and determining that the findings are correct under the applicable law;
IT IS ORDERED that Plaintiff's civil rights claims seeking monetary damages for his allegedly unconstitutional conviction and sentence be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e) until such time as the Heck conditions are met. IT IS FURTHER ORDERED that Plaintiff's civil rights claims against Earlene Thomas, Shealondrea Holmes, Chuck Upchurch, Judge Robinson, District Attorney J. Schuyler Marvin, and Assistant District Attorney Daius Henderson be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e). IT IS FURTHER ORDERED that Plaintiff's request for habeas relief be DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.
Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District Courts requires the district court to issue or deny a certificate of appealability when it enters a final order adverse to the applicant. The court, after considering the record in this case and the standard set forth in 28 U.S.C. Section 2253, denies a certificate of appealability because the applicant has not made a substantial showing of the denial of a constitutional right.
THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 5 day of August 2015.
/s/ _________
DONALD E. WALTER
UNITED STATES DISTRICT JUDGE