Opinion
CIVIL ACTION NO. 08-963 SECTION "F" (2).
July 30, 2008
ORDER
The court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the objections 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 plaintiff's 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) 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 the complaint are DISMISSED WITHOUT PREJUDICE to the plaintiff's ability to file a proper habeas corpus proceeding after exhaustion of state court remedies. IT IS FURTHER ORDERED that plaintiffs motion for injunctive relief is DENIED.