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15-1463 - Gray v. Raymond


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15-1463 - Gray v. Raymond
September 14, 2015
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STAY ORDER AND REASONS: For all of the foregoing reasons, IT IS ORDERED that the captioned matter is hereby STAYED and CLOSED for all administrative and statistical purposes. Plaintiff Brandon Percell Gray is hereby specifically instructed that, contrary to the discussion with the court during the September 3, 2015 conference, this case is not being dismissed at this time. Instead, Gray's civil case in this court is merely being suspended pending the conclusion of the criminal charges against him. Accordingly, IT IS FURTHER ORDERED that Gray may request that this matter be reopened for furtherproceedings, but only when the pending charges against him of resisting arrest,aggravated battery of a police officer, aggravated assault of a police officer and aggravated flight from a police officer are dismissed or otherwise set aside, by notifying this court of his acquittal or the dismissal of these charges in writing. IT IS FURTHER ORDERED that, if Gray is convicted of any of the pending charges of resisting arrest, aggravated battery of a police officer, aggravated assault of a police officer and aggravated flight from a police officer, defense counsel must file a motion to dismiss this case with prejudice to being asserted again until the Heck conditions are met, as provided in Johnson v. McElveen, 101 F.3d 423, 424 (5th Cir. 1996).Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 9/14/2015.(my)(NEF:SSV)
February 6, 2017
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REPORT AND RECOMMENDATIONS and ORDER on Motion to Amend re 5 Complaint filed by Brandon Percell Gray, Sr. IT IS ORDERED that plaintiff's motion to amend is DENIED. IT IS RECOMMENDED that the previously imposed stay be LIFTED, but only so that plaintiffs complaint asserting claims pursuant to 42 U.S.C. 1983 can simultaneously be DISMISSED WITH PREJUDICE under Heck. Objections to R&R due by 2/21/2017. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 2/6/2017.(my)
April 19, 2017
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ORDER AND REASONS ADOPTING REPORT AND RECOMMENDATIONS 28. Accordingly: (1) the previously imposed stay is LIFTED; (2) plaintiff's motion to amend is denied; and (3) plaintiff's claims are DISMISSED WITH PREJUDICE to their being asserted again until the Heck conditions are met. Signed by Judge Sarah S. Vance on 4/19/2017.(cg)