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16-15780 - Clark v. Seal et al


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16-15780 - Clark v. Seal et al
January 25, 2017
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ffs federal civil rights claims against Officer James Cockells be DISMISSED WITH PREJUDICE to their being asserted again until the Heck conditions are met. It is FURTHER RECOMMENDED that all of plaintiffs remaining federal civil rights claims againstREPORT AND RECOMMENDATIONS re 4 Complaint, Amended Complaints 4, 7, 10, 11, 14 filed by Christopher Louis Clark. It RECOMMENDED that plaintiff's federal habeas corpus claims be DISMISSED WITHOUT PREJUDICE due to his failure to exhaust his remedies in the state courts. It is FURTHER RECOMMENDED that plaintiffs federal civil rights claims against Nurse Saltaformaggio be DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(1) (A)(i). It is FURTHER RECOMMENDED that plainti all remaining defendants be DISMISSED WITH PREJUDICE as frivolous and/or for failure to state a claim on which relief may be granted. Objections to R&R due by 2/8/2017. Signed by Magistrate Judge Janis van Meerveld.(gec)
March 8, 2017
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ORDER - IT IS ORDERED that plaintiff's federal habeas corpus claims are DISMISSED WITHOUT PREJUDICE due to his failure to exhaust his remedies in the state courts. IT IS FURTHER ORDERED that plaintiffs federal civil rights claims against Nurse Saltaformaggio are DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(1)(A)(i). IT IS FURTHER ORDERED that plaintiff's federal civil rights claims against Officer James Cockells are DISMISSED WITH PREJUDICE to their being asserted again until the Heck conditions are met. IT IS FURTHER ORDERED that all of plaintiff's remaining federal civil rights claims against all remaining defendants are DISMISSED WITH PREJUDICE as frivolous and/or for failure to state a claim on which relief may be granted. Signed by Judge Martin L.C. Feldman on 3/8/2017.(cg) (NEF Mag)