Mitchell-Bey v. City of Detroit

Full title: JAMES MITCHELL-BEY, PLAINTIFF, v. CITY OF DETROIT, ET AL., DEFENDANTS

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Feb 28, 2007

CIVIL ACTION No. 06-11746 (E.D. Mich. Feb. 28, 2007)

Opinion

CIVIL ACTION No. 06-11746.

February 28, 2007

ORDER ADOPTING IN PART THE MAGISTRATE'S REPORT RECOMMENDATION [D/E #20], GRANTING DEFENDANTS' MOTION TO DISMISS [D/E # 9], DISMISSING THE CASE

ARTHUR TARNOW, District Judge

Before the Court is the Magistrate Judge's Report and Recommendation addressing Defendants' motion to dismiss Plaintiff's claims for either failure to state a claim for relief or because they are time barred by the applicable statute of limitation.

Having reviewed the file, the motion and the Magistrate's Report Recommendation, Plaintiff's objections, this Court ACCEPTS AND ENTERS the Magistrate's Report and Recommendation as the findings and conclusions of the Court for the reasons in the Magistrate's Report and Recommendation.

Not addressed by the Magistrate's Report and Recommendation but raised in Plaintiff's objections are Plaintiff's claims that relate to the invalidity of his conviction. These claims are DISMISSED WITHOUT PREJUDICE only to be brought once/if Plaintiff's underlying criminal action is terminated in favor of him. See Heck v. Humphrey, 512 U.S. 477 (1994); Wolfe v. Perry, 412 F.3d 707, 714 (6^th Cir. 2005).

The rest of the claims are DISMISSED WITH PREJUDICE because they are either barred by the applicable statute of limitations or because they fail to state a claim upon which relief may be granted.

As a result the case is DISMISSED.

IT IS SO ORDERED.