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07-163 - Shackelford v. Texas Department of Criminal Justice et al


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07-163 - Shackelford v. Texas Department of Criminal Justice et al
May 19, 2008
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REPORT AND RECOMMENDATION - Recommended by Mag Judge to Dist Judge that the civil rights complaint filed by Pltf against dfts McClure, William, Franklin, Thompson and Aguirre be dismissed with prejudice to being asserted again until the Heck Conditions are met. Further it is the recommendation of the Mag Judge to the Dist Judge that the pltf's claims against dft Texas Department of Criminal Justice be dismissed without prejudice pursuant to FRCP 12(b)(1). Any Objections must be filed on or before the 14th day after this recommendation is filed. (CM 7006 0810 0000 6158 5234) (Signed by Magistrate Judge Clinton E Averitte on 5/19/08) (plh)
June 12, 2008
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ORDER OF DISMISSAL - adopting 20 Report and Recommendation. Ordered that the civil rights claims by pltf against dfts Officer D. McClure, Officer NFN William, Officer NFN Franklin, Officer NFN Thompson and R. Aguirre, Captain, are dismissed with prejudice to being asserted again until the Heck Conditions are met and that pltf's claims against dft Texas Department of Criminal Justice are dismissed without prejudice pursuant to FRCP 12(b)(1). (Signed by Judge Mary Lou Robinson on 6/12/08) (plh)