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John v. Locke

United States District Court, W.D. Louisiana

January 2, 2018

MAYSON JOHN DOC # 376406
v.
DUSTIN LOCKE, ET AL.

         SECTION P

          MEMORANDUM ORDER

          KATHLEEN KAY MAGISTRATE JUDGE.

         Before the court is a civil rights complaint [doc. 1] filed pursuant to 42 U.S.C. § 1983 by plaintiff Mayson John, who is proceeding pro se and in forma pauperis in this matter. John is a pretrial detainee and is currently incarcerated at Concordia Parish Correctional Facility (“CPCF”) in Ferriday, Louisiana. However, his complaint relate at least in part to events that occurred while he was incarcerated at the Jefferson Davis Parish Jail (“JDPJ”) in Jennings, Louisiana.

         I.

         Background

         In his complaint, John alleges that Warden Dustin Locke of the JDPJ is retaliating against him for another civil rights suit he filed in this court against JDPJ personnel.[1] Specifically, John alleges that Locke taunts him and behaves vindictively whenever he (John) goes to court. Doc. 1, p. 3. He also claims that, on or about July 24, 2017, Locke called Lance Moore, warden at CPCF, and threatened to “pull the entire Jeff Davis Parish pretrial contract” unless Moore revoked John's trustee status. Id.

         John also complains of the actions of Robert Sheffield, whom he alleges is his court-appointed attorney but also, somehow, an employee of the Jefferson Davis Parish District Attorney's Office. See Id. at 3-4. John alleges that Sheffield discussed his case with him in front of others, then became angry and refused to speak with John any further when John asked him to stop. Id. at 4. John states that he reported Sheffield's behavior to his office's personnel and that “she said that she would have it dealt with, but did not.” Id. He also maintains that Sheffield has made errors in his case, namely by asking to redo a DNA case when John had believed that the original test results could be suppressed, benefiting his case, “due to it being an incomplete document.” Id.

         John has now filed this suit against Locke, Sheffield, the JDPJ and Jefferson Davis Parish Sheriff's Office, and the Jefferson Davis Parish District Attorney's Office. Id. at 3, 5. He seeks damages as well as injunctive relief in the form of having all criminal charges dismissed with prejudice and Sheffield and Locke fired. Id. He also sent a letter to the clerk of court, inquiring about “my protection order [that] I asked about” and alleging that Locke “will screw me over and I will get hurt if I'm housed at his jail.” Doc. 6. Accordingly, he appears to seek preliminary injunctive relief in the form of a court order that he remain at CPCF or be transferred to the Elton City Jail. Id.

         II.

         Law & Analysis

         A. Frivolity Review

         John has been granted leave to proceed in forma pauperis in this matter. Accordingly, his complaint is subject to screening under 28 U.S.C. § 1915(e)(2), which provides for sua sponte dismissal of the complaint or any portion thereof if the court determines that it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).

         A complaint is frivolous if it lacks an arguable basis in law or fact. Gonzalez v. Wyatt, 157 F.3d 1016, 1019 (5th Cir. 1998). A complaint fails to state a claim upon which relief may be granted if it is clear the plaintiff cannot prove any set of facts in support of his claim that would entitle him to relief. Doe v. Dallas Indep. Sch. Dist., 153 F.3d 211, 215 (5th Cir. 1998). When determining whether a complaint is frivolous or fails to state a claim upon which relief may be granted, the court must accept the plaintiff's allegations as true. Horton v. Cockrell, 70 F.3d 397, 400 (5th Cir. 1995) (frivolity); Bradley v. Puckett, 157 F.3d at 1025 (failure to state a claim).

         B. ...


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