Hickmon v. 18th Jud. Circuit Court in for Seminole Cty

Full title: LEVORY HICKMON, Plaintiff, v. 18TH JUDICIAL CIRCUIT COURT IN AND FOR…

Court: United States District Court, M.D. Florida, Orlando Division

Date published: Mar 31, 2006

Case No. 6:06-cv-356-Orl-22DAB (M.D. Fla. Mar. 31, 2006)

Opinion

Case No. 6:06-cv-356-Orl-22DAB.

March 31, 2006

ORDER

ANNE CONWAY, District Judge

Upon the Court's review of this case, it is ORDERED as follows:

1. The Magistrate Judge's March 23, 2006 Report and Recommendation ("RR") (Doc. 3) is APPROVED AND ADOPTED insofar as it recommends dismissal on the basis of Abella v. Rubino, 63 F.3d 1063 (11^th Cir. 1995). The Court need not reach the other grounds for dismissal set forth in the RR.

2. Plaintiff's Objection (Doc. 4) to the RR, filed on March 28, 2006, is OVERRULED. Although Plaintiff's complaint seeks declaratory relief, rather than money damages, declaratory relief claims which challenge the validity of the claimant's conviction are not cognizable under 42 U.S.C. § 1983. Abella, 63 F.3d at 1066.

3. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. 2), filed on March 21, 2006, is DENIED.

4. This action is DISMISSED as frivolous.

5. The Clerk shall close this case.

DONE and ORDERED.