United States District Court, E.D. Louisiana
PARTIAL REPORT AND RECOMMENDATION
E. KNOWLES, III UNITED STATES MAGISTRATE JUDGE.
Jeremiah James Juneau, a state inmate, filed this pro
se and in forma pauperis civil action pursuant
to 42 U.S.C. § 1983. He sued Orleans Parish, the Orleans
Parish Sheriff's Office, and Deputy Brandon Jackson. The
complaint alleges that Deputy Jackson used excessive force to
effect plaintiff's arrest.
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
review, the court shall identify cognizable claims or dismiss
the complaint, or any portion of the complaint, if the
(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
28 U.S.C. § 1915A(b).
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
immune from such relief.
28 U.S.C. § 1915(e)(2)(B).
complaint is frivolous “if it lacks an arguable basis
in law or fact.” Reeves v. Collins, 27 F.3d
174, 176 (5th Cir. 1994). In making a determination as to
whether a claim is frivolous, the Court has “not only
the authority to dismiss a claim based on an indisputably
meritless legal theory, but also the unusual power to pierce
the veil of the complaint's factual allegations and
dismiss those claims whose factual contentions are clearly