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McCarter v. Nelson Coleman Correctional Center

United States District Court, E.D. Louisiana

February 2, 2018

CORTNEY LAWRENCE McCARTER
v.
NELSON COLEMAN CORRECTIONAL CENTER

         SECTION: “E” (3)

          REPORT AND RECOMMENDATION

          DANIEL E. KNOWLES, III UNITED STATES MAGISTRATE JUDGE.

         Plaintiff, Cortney Lawrence McCarter, a state pretrial detainee, filed this pro se and in forma pauperis civil action pursuant to 42 U.S.C. § 1983 challenging the conditions of his confinement. The only defendant he named was the Nelson Coleman Correctional Center.[1]

         The Court thereafter notified plaintiff that the Nelson Coleman Correctional Center is not a proper defendant and directed him to file an amended complaint to name a proper defendant or defendants.[2] The deadlines the Court set for the filing of an amended complaint have expired, and no amended complaint has been filed.

         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 …
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is ...

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