Opinion
No. 3:04-CV-1026-K.
March 2, 2005
JUDGMENT
This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered,
IT IS ORDERED, ADJUDGED AND DECREED that, to the extent Plaintiff seeks equitable relief in challenging the propriety of his arrest and the validity of his criminal case, the complaint is dismissed under the Younger abstention doctrine.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff's claims for monetary damages are dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and with prejudice to their being asserted again until the conditions set forth in Heck v. Humphrey are satisfied.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, to the extent Plaintiff's complaint presents claims cognizable in a habeas proceeding, such claims are dismissed without prejudice to his right to seek federal habeas relief after exhausting state habeas remedies.
The Clerk of Court shall transmit a true copy of this Judgment to Plaintiff.
SO ORDERED.