Opinion
Case No. 6:19-CV-403-JDK-JDL
04-13-2020
ISREAL HUDGINS, #1649033, Plaintiff, v. WARDEN JEFFREY CATOE, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. Docket No. 1. On March 13, 2020, the Magistrate Judge issued a Report and Recommendation of the Magistrate Judge (Docket No. 20, the "Report"), recommending that Plaintiff's claims regarding his disciplinary cases be dismissed with prejudice to the claims being asserted again until the Heck conditions, Heck v. Humphrey, 512 U.S. 477, 486-87 (1994), are met and Plaintiff's civil rights complaints be dismissed with prejudice pursuant to 28 U.S.C. § 1915A(b)(1). Plaintiff filed written objections. Docket No. 22.
The Court reviews objected-to portions of the Magistrate Judge's Report and Recommendation de novo. See FED. R. CIV. P. 72 and 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court conducting a de novo review examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).
Having reviewed Plaintiff's objections de novo, the Court concludes that the objections are without merit and that the findings and conclusions of the Magistrate Judge are correct. Accordingly, it is ORDERED that Plaintiff's objections are OVERRULED and that the Magistrate Judge's Report (Docket No. 20) is ADOPTED as the opinion of this Court. Further, it is ORDERED that Plaintiff's complaints regarding his disciplinary cases are DISMISSED WITH PREJUDICE to his claims being asserted again until the Heck conditions are met. It is finally ORDERED that Plaintiff's suit is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1).
So ORDERED and SIGNED this 13th day of April, 2020.
/s/_________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE