Curtis v. Kelley, 4:15-cv-98-DPM. (2016)
Court: District Court, E.D. Arkansas
Number: infdco20160415780
Visitors: 9
Filed: Mar. 22, 2016
Latest Update: Mar. 22, 2016
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . On de novo review, the Court adopts Magistrate Judge Cavaneau's excellent recommendation, N o 30, and overrules Curtis's objection, N o 31, with one modification. FED.R.CIV.P.72(b)(3). Curtis's individual-capacity claims will be dismissed without prejudice because Heck might not bar Curtis's claim if his parole revocation were expunged by executive order. Heck v. Humphrey, 512 U.S. 477 , 487 (1994). The defendants' second moti
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . On de novo review, the Court adopts Magistrate Judge Cavaneau's excellent recommendation, N o 30, and overrules Curtis's objection, N o 31, with one modification. FED.R.CIV.P.72(b)(3). Curtis's individual-capacity claims will be dismissed without prejudice because Heck might not bar Curtis's claim if his parole revocation were expunged by executive order. Heck v. Humphrey, 512 U.S. 477 , 487 (1994). The defendants' second motio..
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ORDER
D.P. MARSHALL, Jr., District Judge.
On de novo review, the Court adopts Magistrate Judge Cavaneau's excellent recommendation, No 30, and overrules Curtis's objection, No 31, with one modification. FED.R.CIV.P.72(b)(3). Curtis's individual-capacity claims will be dismissed without prejudice because Heck might not bar Curtis's claim if his parole revocation were expunged by executive order. Heck v. Humphrey, 512 U.S. 477, 487 (1994). The defendants' second motion to dismiss, No 22, is granted. Curtis's complaint will be dismissed for failure to state a claim.
So Ordered.
Source: Leagle
