Opinion
Civil Action 23-0823
09-27-2023
MAG. JUDGE KAYLA D. MCCLUSKY
JUDGMENT
TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE
For the reasons assigned in the Report and Recommendation of the Magistrate Judge [Doc. No. 6] previously filed herein, having thoroughly reviewed the record, noting the lack of objections filed thereto, and concurring with the findings of the Magistrate Judge under the applicable law;
IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff Eddie Williams, III's claims 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. Defendant shall not be required to answer these claims during the stay, and Plaintiff may not seek a default judgment or conduct any discovery during the stay.
MONROE, LOUISIANA, this 27th day of September 2023.