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WHITE v. PHILLIPS

Civil Action No. 97-0626.

34 F.Supp.2d 1038 (1998)

Jimmy Ray WHITE, plaintiff, v. Michael PHILLIPS, defendant.

United States District Court, W.D. Louisiana, Alexandria Division.

December 28, 1998.

Attorney(s) appearing for the Case

Jimmy Ray White, Braithwaite, LA, pro se.

RULING

LITTLE, Chief Judge.

Before this court is the magistrate's report recommending that we dismiss petitioner Jimmy Ray White's civil rights complaint as frivolous. The procedural posture of White's complaint poses a question of first impression in the Fifth Circuit: Does the "favorable termination" requirement announced in Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) apply to petitioners...

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