Opinion
CIVIL ACTION NO. 19-0884 SECTION P
11-18-2019
JA'MICHAEL S. CARTER v. MONROE POLICE DEPARTMENT, ET AL.
MAG. JUDGE KAREN L. HAYES
JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct and that judgment as recommended therein is warranted,
IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff Ja'Michael Shawndarrious Carter's excessive force claims, unlawful stop claim, and unlawful search claims against Defendants Daniel, Smith, Gilbert, Epennet, and Vail are STAYED under the following conditions:
a. If Plaintiff intends to proceed with these claims, he must, within thirty (30) days of the date the criminal proceedings against him conclude, file a motion to lift the stay;
b. If the stay is lifted and the Court finds that Plaintiff's claims would impugn the validity of his conviction, the action will be dismissed under Heck; if no such finding is made, the action will proceed absent some other bar to suit;
c. Plaintiff should not file any more documents concerning these particular claims in this action until the state court proceedings conclude; and
d. Defendants shall not be required to answer these particular claims during the stay, and Plaintiff may not seek a default judgment or conduct any discovery during the stay.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff's remaining claims and requests for relief are DENIED AND DISMISSED WITH PREJUDICE as frivolous and for failing to state claims on which relief may be granted.
MONROE, LOUISIANA, this 18th day of November, 2019.
/s/_________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE