Summary
arguing that "if any of the Agreement's provisions are held invalid or unenforceable, the remainder of the Agreement remains in place only ‘so long as the economic or legal substance of the transactions contemplated by this Agreement is not affected in any manner materially adverse to any party’ "
Summary of this case from In re Energy Future Holdings Corp.Opinion
DOCKET NO. 1:18-CV-1253; SEC. P
02-07-2019
JUSTIN LEE SIGLER, Plaintiff v. NATCHITOCHES PARISH DETENTION CENTER, ET AL., Defendants
MAGISTRATE JUDGE PEREZ-MONTES
JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;
IT IS ORDERED that Plaintiff's claims are DENIED and DISMISSED under §§ 1915(e)(2)(b) and 1915A, with prejudice to being asserted again until the conditions set forth in Heck v. Humphrey, 512 U.S. 477 (1994), have been met. See DeLeon v. City of Corpus Christi, 488 F.3d 649, 657 (5th Cir. 2007).
The Clerk of Court is instructed to send a copy of this Judgment to the keeper of the three strikes list in Tyler, Texas.
THUS DONE AND SIGNED at Alexandria, Louisiana, this 7TH day of FEBRUARY, 2019.
/s/ _________
DEE D. DRELL
UNITED STATES DISTRICT JUDGE