Opinion
Civil Action 23-0823
09-27-2023
EDDIE WILLIAMS, III v. JONATHAN DANIEL
MAG. JUDGE KAYLA D. MCCLUSKY
JUDGMENT
TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE
For the reasons assigned in the Report and Recommendation of the Magistrate Judge [Doc. No. 6] previously filed herein, having thoroughly reviewed the record, noting the lack of objections filed thereto, and concurring with the findings of the Magistrate Judge under the applicable law;
IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff Eddie Williams, III's claims 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 criminal 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 conviction, 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 state court proceedings conclude; and d. Defendant 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.
MONROE, LOUISIANA, this 27th day of September 2023.