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18-50022 - Cole v. Lashbrook et al


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18-50022 - Cole v. Lashbrook et al
February 22, 2018
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ORDER- WRITTEN Opinion entered by the Honorable Philip G. Reinhard on 2/22/2018: Plaintiff's application for leave to proceed in forma pauperis 3 is denied because it is incomplete. Plaintiff's complaint 1 is dismissed pursuant to Heck and for failure to state a claim upon which relief may be granted. To the extent that plaintiff's claims challenging his conviction have not yet accrued due to Heck, the dismissal is without prejudice. Plaintiff's remaining claims are dismissed with prejudice. As the complaint consists of non-actionable, untimely, and frivolous claims, this dismissal counts as one of plaintiff's three allotted dismissals (i.e., "strikes") under 42 U.S.C. ยง 1915(g). All pending motions 4 are denied as moot. The Clerk of Court is directed to enter final judgment. This case is terminated. [see STATEMENT-OPINION] Signed by the Honorable Philip G. Reinhard on 2/22/2018. Mailed notice (kms)