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Davis v. Lewis

United States District Court, W.D. Louisiana, Shreveport Division

March 7, 2018

GREGORY DAVIS DOC # 635030
v.
JOHN LEWIS, ET AL.

         SECTION P

          FOOTE JUDGE

          REPORT AND RECOMMENDATION

          KAREN L. HAYES UNITED STATES MAGISTRATE JUDGE

         Before the court is the civil rights complaint [doc. 1] and Motion to Appoint Counsel [doc. 3] filed by Gregory Davis, who is proceeding pro se and in forma pauperis in this matter. Davis is currently incarcerated at Caldwell Correctional Center in Grayson, Louisiana. His claims relate to events that occurred while he was at Bayou Dorcheat Correctional Center (“BDCC”) in Minden, Louisiana.

         This 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 reasons stated below, IT IS RECOMMENDED that Davis's Motion to Appoint Counsel [doc. 3] be DENIED and that his complaint be DISMISSED WITH PREJUDICE for failing to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

         I.

         Background

         Davis states that he was jailed at BDCC after being arrested in May 2017 for kidnapping. Doc. 1, p. 3. He complains that BDCC warden John Lewis placed him on administrative segregation that month and told him that the placement was made pursuant to a no-contact order, but failed to produce one despite Davis's requests. Id. Davis alleges that a detective assigned to his case informed him on June 1, 2017, that there was no such order, and that he was allowed to contact and be visited by the alleged victim in his case, whom he identifies as his girlfriend. Id. However, Davis maintains, John Lewis insisted that he was not coming out of administrative segregation until he was sentenced and that he remained in segregation until September 2017.[1] Id.; see doc. 1, att. 2. Davis also alleges that, during booking at BDCC, Deputy Jeff Lewis threatened to harm Davis once he had the chance to get him off camera. Doc. 1, p. 3.

         Davis initiated this suit after his transfer to Caldwell Correctional Center, naming John Lewis, Jeff Lewis, and the Webster Parish Sheriff's Department as defendants. Id. at 1-4. In relief, he requests that both individual defendants be fired from the Webster Parish Sheriff's Department and that he be awarded $8 million in compensation. Id. at 4.

         II.

         Law & Analysis

         A. Frivolity Review

         Davis 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 plaintiff's ...


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