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Reed v. Tanner

United States District Court, E.D. Louisiana

January 6, 2015

JOSEPH REED,
v.
ROBERT C. TANNER, ET AL., Section

REPORT AND RECOMMENDATION

DANIEL E. KNOWLES, III, Magistrate Judge.

Plaintiff, Joseph Reed, a state prisoner, filed this civil action against Rayburn Correctional Center Warden Robert C. Tanner and Records Director Ivy Morris pursuant to 42 U.S.C. § 1983.[1] In this lawsuit, plaintiff claims that his rights are being violated because the defendants refuse to allow him to serve his two criminal sentences concurrently. As relief, he requests that this Court order that his sentences run concurrently or that he be awarded monetary damages.

I. Standards of Review

Federal law mandates that federal courts "review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity." 28 U.S.C. § 1915A(a). Regarding such lawsuits, federal law further requires:

On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint -
(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915A(b).

Additionally, with respect to actions filed in forma pauperis, such as the instant lawsuit, federal law similarly provides:

Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that... the action or appeal -
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary damages against a defendant who is immune ...

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