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17-3696 - Cobb v. Reed et al


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17-3696 - Cobb v. Reed et al
May 5, 2017
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REPORT AND RECOMMENDATIONS re 1 Complaint filed by Marvin Cobb. IT IS RECOMMENDED that plaintiff's federal false arrest claims be dismissed with prejudice as frivolous because they are prescribed. FURTHER RECOMMENDED that plaintiff's federal claims for malicious prosecution, wrongful conviction, and the suppression, fabrication, or alteration of evidence be dismissed with prejudice until such time as the Heck conditions are met. FURTHER RECOMMENDED that plaintiffs state law claims be dismissed without prejudice to their being asserted in the state courts. Objections to R&R due by 5/19/2017. Signed by Magistrate Judge Daniel E. Knowles, III on 5/5/2017. (cms)
May 30, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 4: ORDERED that plaintiff's federal false arrest claims are dismissed with prejudice as frivolous because they are prescribed. FURTHER ORDERED that plaintiff's federal claims for malicious prosecution, wrongful conviction, and the suppression, fabrication, or alteration of evidence are dismissed with prejudice until such time as the Heck conditions are met. FURTHER ORDERED that plaintiff's state law claims are dismissed without prejudice to their being asserted in the state courts. Signed by Judge Lance M Africk on 5/30/2017.(blg)