Opinion
CIVIL ACTION NO. 15-2437-P
10-19-2016
CALVIN HORTON v. JAMES LEBLANC, ET AL.
MAGISTRATE JUDGE HORNSBY
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, including written objections filed by Plaintiff, and determining that the findings are correct under the applicable law;
IT IS ORDERED that Plaintiff's civil rights claims are DISMISSED WITH PREJUDICE as frivolous pursuant to Section 1915(e) until such time as the Heck conditions are met. IT IS FURTHER ORDERED that Plaintiff's request for habeas relief is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.
Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District Courts requires the district court to issue or deny a certificate of appealability when it enters a final order adverse to the applicant. The court, after considering the record in this case and the standard set forth in 28 U.S.C. Section 2253, denies a certificate of appealability because the applicant has not made a substantial showing of the denial of a constitutional right.
THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 19th day of October 2016.
/s/ _________
ELIZABETH ERNY FOOTE
UNITED STATES DISTRICT JUDGE