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08-331 - Crayton v. Dallas County Director et al


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08-331 - Crayton v. Dallas County Director et al
May 21, 2008
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on case: It is recommended (1) that Plaintiff's claim seeking to overturn his allegedly illegal conviction be DISMISSED without prejudice as duplicative of his pending federal habeas corpus petition, (2) that Plaintiff's claim seeking monetary damages for his allegedly illegal conviction be DISMISSED with prejudice as frivolous to its being asserted again until the Heck conditions are met, and (3) that Plaintiff's request for mandamus type relief be DISMISSED with prejudice as frivolous. It is further recommended that Plaintiff's motions for leave to file notice of appeal and to proceed in forma pauperis on appeal (Doc. #11-12) be DENIED without prejudice as premature. Magistrate Judge Paul D Stickney no longer assigned to case. (Signed by Magistrate Judge Paul D Stickney on 05/21/2008) (twd)
August 4, 2008
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ORDER ACCEPTING 12 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The objections are overruled. The Court DENIES as premature Plaintiff's motions for leave to file notice of appeal and to proceed in forma pauperis on appeal (Doc. #10-11). (Signed by Judge Reed C O'Connor on 8/4/2008) (twd)