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Hongo v. Goodwin

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

March 22, 2018

RONNIE K. HONGO
v.
JERRY GOODWIN, ET AL.

          DOUGHTY, JUDGE

          REPORT AND RECOMMENDATION

          Mark L. Hornsby, U.S. Magistrate Judge

         In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation.

         STATEMENT OF CLAIM

         Before the court is a civil rights complaints filed in forma pauperis by pro se plaintiff Ronnie K. Hongo (“Plaintiff”), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on June 5, 2017. Plaintiff is incarcerated at the David Wade Correctional Center in Homer, Louisiana. He claims his civil rights were violated by prison officials. He names Jerry Goodwin, Lonnie Nail, Tommy Garrett, John Huey, Angie Huff, and R. Rachel as defendants.

         Plaintiff claims that when he arrived at David Wade Correctional Center in January of 2012, he was told that as a lifer he could keep his property and it would be stored. He claims that when he was locked-up on October 15, 2012, he wrote Warden Goodwin. He claims that in January of 2013, Warden Goodwin came to see him. He claims Warden Goodwin asked Colonel Nail about his property. He claims Colonel Nail gave his property to other inmates.

         Plaintiff claims that the new DWCC posted policy states that inmates no longer have to send their property home or destroy it. He claims that if an inmate's property is contraband, the inmate will be written up.

         Plaintiff claims that on August 17, 2015, he was locked-up for a rule violation. He claims Lt. Burn was ordered to escort him to the south compound gate and did not seal his locker boxes. Plaintiff claims that when he requested his locker boxes, he was told that they were lost.

         Plaintiff claims that on October 13, 2015, he received one of his locker boxes. He claims he informed Captain Huey that one of his locker boxes was missing and that he wanted to send his property home. He claims Captain Huey wanted him to sign a confiscation form stating that his property was contraband.

         Plaintiff claims that on October 22, 2015, his second locker box was found. He claims that once the seal was removed from the box, he noticed that property was missing. He claims he asked Captain Huey to record that his property and two stacks of his legal work were missing. Plaintiff claims Captain Huey again wanted him to sign a confiscation of contraband form stating that his property was contraband. He claims he told Captain Huey that he would go to Captain Nail's office and remove the books and magazines from his property so he could mail his property home.

         Plaintiff claims he never granted Colonel Nail consent to destroy his property. He claims he requested to send his property home, but only one of his locker boxes could be found.

         Accordingly, Plaintiff seeks monetary compensation.

         For the following reasons, Plaintiff's claim should be dismissed with prejudice as frivolous under 28 U.S.C. § 1915(e).

         LAW ...


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