Opinion
CIVIL ACTION NO. 09-4155 SECTION "J" (2).
October 21, 2009
ORDER
The court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of plaintiff to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that plaintiffs complaint asserting claims pursuant to 42 U.S.C. § 1983 is hereby DISMISSED WITH PREJUDICE as legally frivolous and/or for failure to state a claim under 28 U.S.C. § 1915(e)(2) or under Heck v. Humphrey, 512 U.S. 477 (1994), until such time as the Heck requirements are met.
IT IS FURTHER ORDERED that all habeas corpus claims asserted in plaintiff's Section 1983 complaint are DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.