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Victor Lloyd Mithcell v. Edward v. Grynkewicz

February 21, 2012

VICTOR LLOYD MITHCELL
PLAINTIFF
v.
EDWARD V. GRYNKEWICZ, III, ET AL. DEFENDANTS



The opinion of the court was delivered by: 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.

YVETTE KANE Chief Judge United States District Court

20120221

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