Opinion
Civil Action 5:24-cv-00336
05-23-2024
LOUIS KELLER, III v. SHREVEPORT POLICE DEPARTMENT, ET AL.
SECTION P
KAYLA D. MCCLUSKY MAG. JUDGE
JUDGMENT
TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE
The Report and Recommendation of the Magistrate Judge [Doc. No. 10] having been considered, no objections thereto having been filed, IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff Louis Keller, III's claims against Officer Julie Elkins and Supervisor Walker are STAYED under the following conditions:
a. If Plaintiff intends to proceed with these claims, he must, within thirty (30) days of the date the parole proceedings against him conclude, file a motion to lift the stay;
b. If the stay is lifted and the Court finds that Plaintiff's claims would impugn the validity of his parole revocation, the action will be dismissed under Heck; if no such finding is made, the action will proceed absent some other bar to suit;
c. Plaintiff should not file any more documents concerning these particular claims in this action until the parole proceedings conclude; and d. Defendants shall not be required to answer these claims during the stay, and Plaintiff may not seek a default judgment or conduct any discovery during the stay.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff's false arrest claims against the unidentified officers are DISMISSED WITH PREJUDICE as frivolous, for failure to state claims on which relief may be granted, until the Heck conditions are met.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff's remaining claims are DISMISSED WITH PREJUDICE as frivolous, for failing to state claims on which relief may be granted, and for seeking relief from Defendants immune from such relief."