Opinion
2:20-CV-162-Z-BQ
09-13-2021
GAGE DANE ZEEK, Plaintiff, v. GRAY COUNTY SHERIFF OFFICE., et al, Defendants.
ORDER
MATTHEW J. KACSMARYK, UNITED STATES DISTRICT JUDGE
On June 18, 2020, pro se Plaintiff filed a Complaint (ECF No. 3) in this Court, proceeding in forma pauperis. On August 16, 2021, the United States Magistrate Judge entered findings and conclusions on Plaintiffs operative Amended Complaint (ECF Nos. 6, 18). The Magistrate Judge RECOMMENDS that the Court dismiss with prejudice Zeek's Amended Complaint. Specifically, the Magistrate Judge recommends that the Court dismiss with prejudice Zeek's claims against DA McDonough, the Gray County Sheriffs Department, Sheriff Ryan, and Attorney Grammer; dismiss with prejudice, until the conditions of Heck v. Humphrey are met, Zeek's claims against Officer Skinner and Officer Smith; and dismiss with prejudice any claim for release from prison or dismissal of Zeek's state criminal conviction. Plaintiff untimely filed objections to the findings, conclusions, and recommendation on September 7, 2021. ECF No. 20.
After making an independent review of the pleadings, files, and records in this case, and the findings, conclusions, and recommendation of the Magistrate Judge, the Court concludes that the findings and conclusions are correct. It is therefore ORDERED that Plaintiffs objections are overruled, the findings, conclusions, and recommendation of the Magistrate Judge (ECF No. 18) are ADOPTED, and Plaintiffs Amended Complaint (ECF No. 6) is DISMISSED WITH PREJUDICE as outlined above.
SO ORDERED.