Opinion
CIVIL ACTION NO. 1:CV-11-1998
02-21-2012
VICTOR LLOYD MITHCELL Plaintiff v. EDWARD V. GRYNKEWICZ, III, et al. Defendants
(Chief Judge Kane)
(Magistrate Judge Blewitt)
ORDER
Before the court in the captioned action is a January 31, 2012 report of the magistrate judge. No timely objections have been filed.
Accordingly, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:
1) The Court adopts the Report and Recommendation of Magistrate Judge Blewitt.
2) Defendants' Motion for a Stay (Doc. No. 22) and their alternative request for relief is dismissed without prejudice since they are barred by Heck. Plaintiff's denial of medical care claim under the Fourteenth Amendment Due Process Clause and his Fourth Amendment excessive force claim against Defendants is allowed to proceed.
3) The case is remanded to Magistrate Judge Blewitt for further proceedings.
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YVETTE KANE
Chief Judge
United States District Court