Opinion
CIVIL ACTION NO. 6:18-CV-00238-TH
05-23-2019
MICHAEL DUNTAE FAGANS, Plaintiff, v. CRAIG L BASS, ATTORNEY AT LAW; TANYA L REED, ASSISTANT DISTRICT ATTORNEY; DAVID BRABHAM, JUDGE; AND WILLIAM JENNINGS, JAIL ADMINISTRATOR; Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. On November 19, 2018, the Magistrate Judge issued his Report and Recommendation (Doc. No. 13), recommending that the above-styled case be dismissed with prejudice to the claims being asserted again until such time as Plaintiff can show that his conviction has been overturned, expunged by executive order, declared invalid in a state collateral proceeding, or called into question through the issuance of a federal writ of habeas corpus. Plaintiff, proceeding pro se and in forma pauperis, filed Objections (Doc. No. 15) to the Report and Recommendation. Generally speaking, Plaintiff argues that he previously requested an extension to comply with the Court's Orders to amend and pay an initial partial filing fee (Doc. Nos. 9 and 10), however, that request was never filed on the docket. (Doc. No. 15.) Plaintiff has also submitted an Amended Complaint (Doc. No. 16) with his Objections.
The Court conducted a de novo review of the portions of the Magistrate Judge's findings to which objections have been raised and finds that the Magistrate Judge's findings and conclusions are correct. 28 U.S.C. § 636(b)(1). Furthermore, the Court notes that Plaintiff's Amended Complaint (Doc. No. 16) does not overcome the Magistrate Judge's findings that Plaintiff's claims are barred by Heck v. Humphrey, 512 U.S. 477 (1994). Accordingly, the Court OVERRULES Plaintiff's Objections (Doc. No. 15) and ADOPTS the Magistrate Judge's Report and Recommendation (Doc. No. 13) as the findings of the Court. The above-styled case is DISMISSED WITH PREJUDICE to the claims being asserted again until such time as Plaintiff can show that his conviction has been overturned, expunged by executive order, declared invalid in a state collateral proceeding, or called into question through the issuance of a federal writ of habeas corpus.
SIGNED this the 23 day of May, 2019.
/s/_________
Thad Heartfield
United States District Judge