Opinion
CIVIL ACTION NO. 20-0961 SEC. P
10-27-2020
MAG. JUDGE KAREN L. HAYES
JUDGMENT
The Report and Recommendation of the Magistrate Judge [Doc. No. 11] having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter,
IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff Christopher Lee Wainwright's claims are STAYED under the following conditions:
a. If Plaintiff intends to proceed with his 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 claims in this action until the state court proceedings conclude; and
d. Defendant shall not be required to answer this particular claim during the stay, and Plaintiff may not seek a default judgment or conduct any discovery during the stay.
MONROE, LOUISIANA, this 27th day of October, 2020.
/s/_________
TERRY A.DOUGHTY
UNITED STATES DISTRICT JUDGE