Summary
refusing to apply the favorable-termination rule to a claim that the defendant arbitrarily deprived the plaintiff of due process by maintaining a parole hold against him that kept him in jail for eight days because the court lacked "the factual predicate to apply Heck" where the plaintiff alleged that he did not know why he was released from parole custody and the defendant failed to explain the basis for the plaintiff's release
Summary of this case from Singleton v. HarryOpinion
NO. ED CV 13-0568 RGK (AS)
11-07-2013
LOUIS A. COFFELT, JR., Plaintiff, v. T. BAKER, Defendant.
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND RECOMMENDATIONS OF
UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. section 636, the Court has reviewed the Complaint, all of the records herein, and the Report and Recommendation of United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts the findings, conclusions and recommendations of the Magistrate Judge.
IT IS ORDERED that Judgment shall be entered dismissing this action with prejudice.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on Plaintiff at his current address of record.
LET JUDGMENT BE ENTERED ACCORDINGLY.
___________________
R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE