STORY v. JACKSON, 5:13-cv-133-DPM-JJV. (2014)
Court: District Court, E.D. Arkansas
Number: infdco20140731k33
Visitors: 6
Filed: Jul. 29, 2014
Latest Update: Jul. 29, 2014
Summary: ORDER D. P. MARSHALL, Jr., District Judge. On de novo review, the opposed recommendation, No. 66, is adopted as modified and supplemented. FED. R. CIV. P. 72(b)(3). Story's objections, No 6 7 & 68, create a dispute of material fact about whether he fully exhausted his administrative remedies. Story says he tried to refile his then-ripe appeal on 3 September 2013, but Lieutenant McConnell didn't deliver or file it. No. 68 at 1-2. Defendants argue, and Story acknowledges in his stay mo
Summary: ORDER D. P. MARSHALL, Jr., District Judge. On de novo review, the opposed recommendation, No. 66, is adopted as modified and supplemented. FED. R. CIV. P. 72(b)(3). Story's objections, No 6 7 & 68, create a dispute of material fact about whether he fully exhausted his administrative remedies. Story says he tried to refile his then-ripe appeal on 3 September 2013, but Lieutenant McConnell didn't deliver or file it. No. 68 at 1-2. Defendants argue, and Story acknowledges in his stay mot..
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ORDER
D. P. MARSHALL, Jr., District Judge.
On de novo review, the opposed recommendation, No. 66, is adopted as modified and supplemented. FED. R. CIV. P. 72(b)(3). Story's objections, No 6 7 & 68, create a dispute of material fact about whether he fully exhausted his administrative remedies. Story says he tried to refile his then-ripe appeal on 3 September 2013, but Lieutenant McConnell didn't deliver or file it. No. 68 at 1-2. Defendants argue, and Story acknowledges in his stay motion, though, that his claims are Heck-barred. No. 63. The Court agrees. Sheldon v. Hundley, 83 F.3d 231,233 (8th Cir. 1996). Defendants' motion for summary judgment, No. 56, is therefore granted. Story's motion for judgment, N0. 59, and his motion for a stay, No. 63, are denied as moot.
So Ordered.
Source: Leagle
