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15-2162 - Wilkerson v. Grona-Robb


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15-2162 - Wilkerson v. Grona-Robb
February 19, 2016
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Findings, Conclusions, and Recommendation re: 10 Defendant Brooke Grona-Robb's Motion to Dismiss and Brief in Support Under Fed. R. Civ. P. 12(b)(1) and (6) and Failure to Comply with this Court's Previously-Imposed Sanctions Order. Defendant's motion to dismiss under Rule 12(b)(1) should be DENIED, her motion to dismiss under Rule 12(b)(6) based on a prior sanction order should be DENIED, and her motion to dismiss under Rule 12(b)(6) under Heck v. Humphrey, 512 U.S. 477 (1994) should be GRANTED. Plaintiff's action should be dismissed with prejudice to being asserted again until the Heck conditions are met, and the following SANCTION should be IMPOSED: Senrick Wilkerson is prohibited from proceeding with any civil action in this Court whether he files it in this Court, he files it in another court and it is removed to this Court, or he files in another federal court and it is transferred to this Court, unless he obtains leaves to proceed from a district judge or magistrate judge of this Court. If a civil action is removed or transferred to this Court, the case will be subject to summary dismissal unless, within 30 days of the date of removal or transfer, Wilkerson seeks, in writing, leave to proceed from a district judge or magistrate judge of this Court. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 2/19/2016) (mcrd)
March 7, 2016
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ORDER ACCEPTING 28 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant's motion to dismiss under Rule 12(b)(1), filed 7/13/2015 (docket entry 10), is DENIED, and her motion to dismiss under Rule 12(b)(6) based on a prior sanction order is DENIED. Her motion to dismiss under Rule 12(b)(6) under Heck v. Humphrey, 512 U.S. 477 (1994) is GRANTED. (Ordered by Senior Judge A. Joe Fish on 3/7/2016) (sss)