Opinion
CASE NO. 1:16-cv-00175-MP-GRJ
11-04-2016
JOSEPH JAMAL LEWIS, Plaintiff, v. SADIE DARNELL, JULIE LOHMAN, Defendants.
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated October 5, 2016. (Doc. 5). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). Plaintiff has filed objections at Doc. 6. I have made a de novo review based on those objections.
Having considered the Report and Recommendation, and the timely filed objections, I have determined that the Report and Recommendation should be adopted. In his objections, Plaintiff requests leave to amend his complaint. Because Plaintiff requests civil damages in connection with his current conviction, he is barred by the U.S. Supreme Court case Heck v. Humphrey, 512 U.S. 477, 486-87 (1994), which prevents state prisoners from pursuing § 1983 actions that would imply the invalidity of a plaintiff's conviction. Furthermore, the Eleventh Circuit held in Mims v. Anderson, 350 F. App'x 351 (11th Cir. 2009), that allowing a Plaintiff to amend his complaint when he's barred by Heck v. Humphrey would be futile.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1. The Magistrate Judge's Report and Recommendation, Doc. 5, is adopted and incorporated by reference in this order.
2. This case is DISMISSED and the clerk is directed to close the file.
DONE AND ORDERED this 4th day of November, 2016
s/Maurice M . Paul
Maurice M. Paul, Senior District Judge