Citation Codes Equivalent Citations citation codes Docket Number CIVIL ACTION NO. 08-4158, SECTION "B" (2). Judges Ivan L. R. Lemelle Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights Judiciary And Judicial Procedure — Fees And Costs — Procedure — Proceedings In Forma Pauperis See more information ... Smart Summary Please sign up to generate summary. CLEVELAND FONDOL v. ORLEANS PARISH DISTRICT ATTORNEY OFFICE ET AL. ORDER IVAN LEMELLE, District Judge The court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of plaintiff to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that plaintiff's complaint asserting claims pursuant to 42 U.S.C. § 1983 is hereby DISMISSED WITH PREJUDICE as legally frivolous and/or for failure to state a claim under 28 U.S.C. § 1915(e)(2) and pursuant to Heck v. Humphrey, 512 U.S. 477 (1994). IT IS FURTHER ORDERED that all habeas corpus claims asserted in the complaint are DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.