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16-4126 - Spann v. Strain et al


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16-4126 - Spann v. Strain et al
December 9, 2016
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REPORT AND RECOMMENDATIONS re 6 Complaint filed by Kelton L. Spann. For all of the foregoing reasons, IT IS RECOMMENDED that plaintiff's complaint asserting claims pursuant to 42 U.S.C. 1983 be DISMISSED WITH PREJUDICE, either as legally frivolous or for failure to state a claim upon which reliefmay be granted under 1915(A)(b)(1) and 42 U.S.C. § 1997e(c)(1), or pursuant to Heck. Objections to R&R due by 12/23/2016. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 12/9/2016.(my)
January 3, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 44; IT IS ORDERED that plaintiff's complaint asserting claims pursuant to 42 U.S.C. § 1983 is DISMISSED WITH PREJUDICE, either as legally frivolous or for failure to state a claim under 28 U.S.C. § 1915A(b)(1) and 42 U.S.C. § 1997e(c)(1), or under Heck v. Humphrey, 512 U.S. 477 (1994), until such time as the Heck requirements are met. Signed by Judge Susie Morgan on 1/3/2017.(ajn)