Horner v. Johnson

Full title: MICHAEL S. HORNER, Plaintiff, v. GARY JOHNSON, Defendant

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Jan 20, 2005

Civil Action No. 3:04-CV-0003-L (N.D. Tex. Jan. 20, 2005)

Opinion

Civil Action No. 3:04-CV-0003-L.

January 20, 2005

ORDER

SAM LINDSAY, District Judge

This is a pro se civil rights case. Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On January 4, 2005, the Findings, Conclusions and Recommendation of the United States Magistrate Judge were filed, to which no objections were filed.

The magistrate judge recommends that Plaintiff's complaint be dismissed as frivolous because Plaintiff did not satisfy the conditions set forth in Heck v. Humphrey, 512 U.S. 477 (1994). Having reviewed the pleadings, file and record in this case, and the findings of the magistrate judge, the court determines that the findings are correct. The magistrate judge's findings are accepted as those of the court. Accordingly, Plaintiff's complaint is dismissed with prejudice as frivolous until such time that he satisfies the conditions of Heck v. Humphrey.

It is so ordered.