United States District Court, W.D. Louisiana, Lake Charles Division
REPORT AND RECOMMENDATION
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE
the court is a civil rights complaint [doc. 4] filed pursuant
to 42 U.S.C. § 1983 by James Anthony Johnson. Johnson is
an inmate in the custody of the Louisiana Department of
Public Safety and Corrections (“LADPSC”) and is
currently incarcerated at the Calcasieu Correctional Center
in Lake Charles, Louisiana.
matter has been referred to the undersigned for review,
report, and recommendation in accordance with the provisions
of 28 U.S.C. § 636 and the standing orders of this
court. For the reasons stated below, we determine that the
matter fails to state a claim on which relief may be granted.
Accordingly, IT IS RECOMMENDED that the suit
be DISMISSED WITHOUT PREJUDICE to Johnson
pursuing his claims through a properly filed petition for
writ of habeas corpus.
brings this suit to challenge the manner in which the LADPSC
is calculating his sentence. Doc. 4. He alleges that the
LADPSC failed to properly compute his good time credits and
reduce his sentence, took his incentive wages without
awarding him good time, and told him he would be forced onto
parole or parole-like conditions while also being required to
pay the associated fees. Id. at 3-4. He alleges that
these conditions would also add more time to his sentence.
Id. In essence, Johnson appears to complain that he
is only being offered parole rather than diminution of
sentence and/or immediate release from prison. Accordingly,
he alleges that he has been held for six years over his
release date and now seeks a full pardon as well as monetary
relief. Id. at 5.
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. §
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).
law provides a cause of action against any person who, under
the color of law, acts to deprive another person of any
right, privilege, or immunity secured by the Constitution and
laws of the United States. 42 U.S.C. § 1983. In order to
hold the defendants liable, a plaintiff must allege facts to
show (1) that a constitutional right has been violated and
(2) that the conduct complained of was committed by a person