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16-091 - Smith v. Livingston


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16-091 - Smith v. Livingston
July 5, 2017
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Report and Recommendation re: 1 Complaint filed by David Wayne Smith. Based on the relevant filings and applicable law, it is RECOMMENDED that all claims stated in the complaint should be dismissed with prejudice, and the pending motion for a temporary restraining order should be DENIED. After entry of this Report and Recommendation, the case should be reassigned to Senior United States District Judge Sam R. Cummings. (Ordered by Magistrate Judge E. Scott Frost on 7/5/2017) (mmg)
July 25, 2017
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Order. The Court finds that the findings and conclusions of the Magistrate Judge 7 are correct and ADOPTS them as the findings and conclusions of the Court. The Court denies Plaintiff's Motion to Withdraw Civil Action 8. The Court further finds that this cause of action should be DISMISSED WITH PREJUDICE to the claims being asserted again until the Heck conditions are met. The dismissal will count as a strike within the meaning of 28 U.S.C. ยง 1915(g). The Motion for Temporary Restraining Order 6 is contemporaneously DENIED. (Ordered by Senior Judge Sam R Cummings on 7/25/2017) (mmg)