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Heard v. Belcher

United States District Court, N.D. Florida, Tallahassee Division
Dec 9, 2008
CASE NO. 4:06-cv-00510-MP-AK (N.D. Fla. Dec. 9, 2008)

Opinion

CASE NO. 4:06-cv-00510-MP-AK.

December 9, 2008


ORDER


This matter is before the Court on Doc. 15, Report and Recommendations of the Magistrate Judge, recommending that Plaintiff's complaint, doc. 1, be dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2), and that the order adopting this report and recommendation direct the clerk of court to note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and constitutes a "third strike" pursuant to 28 U.S.C. § 1915(g). Mr. Heard filed objections, doc. 17, which the Court has reviewed. The Court agrees with the Magistrate Judge that no matter how Mr. Heard chooses to characterizes his claims, he is still seeking to shorten the time of his incarceration. For the reasons given by the Magistrate Judge in the Report and Recommendation, Mr. Heard must bring such claims in a habeas petition, not a 42 U.S.C. § 1983 case. Also, the Court rejects the argument in Mr. Heard's objections that the Magistrate Judge only considered four claims. The Magistrate Judge instead divided the nine claims into four categories and correctly rejected each. Accordingly, it is hereby

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.
2. This case is dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2).
3. The Clerk is directed to note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and constitutes a "third strike" pursuant to 28 U.S.C. § 1915(g)
DONE AND ORDERED.


Summaries of

Heard v. Belcher

United States District Court, N.D. Florida, Tallahassee Division
Dec 9, 2008
CASE NO. 4:06-cv-00510-MP-AK (N.D. Fla. Dec. 9, 2008)
Case details for

Heard v. Belcher

Case Details

Full title:DOYLE LEON HEARD, Plaintiff, v. JUDY C BELCHER, JEB BUSH, P BUTLER, MONICA…

Court:United States District Court, N.D. Florida, Tallahassee Division

Date published: Dec 9, 2008

Citations

CASE NO. 4:06-cv-00510-MP-AK (N.D. Fla. Dec. 9, 2008)