Xiong v. Thomas

District Court, W.D. Louisiana

Xiong v. Thomas

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION PAO HUE YENG XIONG, CIVIL DOCKET NO. 1:20-CV-00948-P Plaintiff VERSUS JUDGE DAVID C. JOSEPH ALBERT THOMAS, MAGISTRATE JUDGE JOSEPH H.L. Defendant PEREZ-MONTES

JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein (ECF No. 13), noting the absence of objections thereto, and concurring with the Magistrate Judge’s findings under the applicable law; IT IS ORDERED that Plaintiff's Complaint (ECF No. 1) is hereby DENIED and DISMISSED under

28 U.S.C. §§ 1915

(e)(2)(b) and 1915A, WITH PREJUDICE to the claims being asserted again until the conditions set forth in Heck v. Humphrey,

512 U.S. 477

(1994), have been met. See DeLeon v. City of Corpus Christi,

488 F.3d 649, 657

(5th Cir. 2007). The Clerk of Court is instructed to send a copy of this Judgment to the keeper of the three strikes list in Tyler, Texas. THUS DONE AND SIGNED in Chambers, this 21st day of October, 2020. Chad ¢ PA DAVID C. JOSEPH UNITED STATES DI8PRICT JUDGE

Reference

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