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16-1454 - Beaver v. Franklin et al


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16-1454 - Beaver v. Franklin et al
December 16, 2016
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ORDER and REPORT AND RECOMMENDATION re 1 Complaint filed by Horace Beaver, Jr. ORDERED that pltf's 2 MOTION for Leave to Proceed in forma pauperis is GRANTED FOR PURPOSES OF FILING ONLY; RECOMMENDED that this action be DISMISSED IN ITS ENTIRETY pursuant to 28 U.S.C. 1915(e)(2)(B)(ii-iii) WITH PREJUDICE as against ADA Franklin and DA Wilkinson based on absolute immunity and failure to state a claim; RECOMMENDED that this action be DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) as to deft Jerkes for failure to state a claim pursuant to Heck vs. Humphrey, supra; and RECOMMENDED that if the district court adopts this Order and Report-Recommendation, that the district court certify pursuant to 28 U.S.C. 1915(a)(3) that any appeal taken from the district court's order would not be taken in good faith. ( Objections to R&R due by 1/3/2017, Case Review Deadline 1/6/2017), Signed by US Magistrate Judge Andrew T. Baxter on 12/16/2016. (Copy served via regular mail upon pltf on 12/16/2016)(see)
April 14, 2017
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ORDER adopting 7 Report and Recommendations. This action is DISMISSED IN ITS ENTIRETY, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii-iii)WITH PREJUDICE as against ADA Franklin and DA Wilkinson based on absolute immunity and failure to state a claim. This action is DISMISSED IN ITS ENTIRETYWITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) as to defendant Jerkes for failure to state a claim under Heck v. Humphrey, 512 U.S. 477 (1994). Pursuant to 28 U.S.C. § 1915(a)(3) any appeal taken from this Court's order would not be taken in good faith. Signed by Judge Brenda K. Sannes on 4/14/17. (Copy served on plaintiff via regular mail)(rjb, )