Summary
The United States District Court for the Western District of Oklahoma overruled Plaintiff James R. Blanchard’s objection to a magistrate judge’s Report and Recommendation. The court adopted the recommendation, dismissed the prisoner’s civil rights complaint without prejudice under 28 U.S.C. § 1915A based on immunity and Heck v. Humphrey, and denied subsequent motions as moot.
Holdings
- The plaintiff's objections did not establish error in the magistrate judge's findings that two named defendants were entitled to immunity.
- The plaintiff's remaining claims were barred by Heck v. Humphrey, and the complaint failed to plausibly plead a claim for relief; dismissal on screening was therefore proper.
- The Report and Recommendation was adopted in its entirety, the complaint was dismissed without prejudice, and the plaintiff's subsequent motions were denied as moot.
Questions Presented
- Whether the plaintiff's specific objections demonstrated error in the magistrate judge's findings that two defendants were immune.
- Whether the plaintiff's remaining civil-rights claims were barred by Heck v. Humphrey and failed to plausibly state a claim for relief under 28 U.S.C. § 1915A.
- Whether the Report and Recommendation should be adopted and the complaint dismissed without prejudice.
Disposition
dismissed
Cases Cited (2)
- Heck v. Humphrey, 512 U.S. 477 (1994)(followed)
- United States v. 2121 E. 30th St., 73 F.3d 1057, 1060 (10th Cir. 1996)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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