Opinion
CIVIL ACTION NO. 6:12cv827
01-07-2013
ARTHUR EARL THOMPSON, III, #509117 v. JOHN VILLARREAL, ET AL.
ORDER OF DISMISSAL
Plaintiff Arthur Earl Thompson, III, an inmate confined in the Texas prison system, filed the above-styled and numbered civil rights lawsuit complaining about the revocation of his parole. The complaint was referred to United States Magistrate Judge John D. Love, who issued a Report and Recommendation concluding that the civil rights lawsuit was barred by Heck v. Humphrey, 512 U.S. 477 (1994). See also Jackson v. Vannoy, 49 F.3d 175, 177 (5th Cir. 1995) (applying Heck to parole revocation proceedings). The Plaintiff has filed objections.
The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and having made a de novo review of the objections raised by Plaintiff, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections by Plaintiff are without merit. Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly
ORDERED that the Report and Recommendation (docket entry #8) is ADOPTED. It is further
ORDERED that the complaint is DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1). It is further
ORDERED that the Plaintiff's claims are DISMISSED with prejudice to their being asserted again until the Heck conditions are met. It is finally
ORDERED that all motions not previously ruled on are DENIED.
It is SO ORDERED.
________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE