United States District Court, W.D. Louisiana, Monroe Division
REPORT AND RECOMMENDATION
L. HAYES UNITED STATES MAGISTRATE JUDGE
Jerrell Marshall is confined at Caldwell Correctional Center
and is proceeding pro se and in forma pauperis. He filed the
instant Complaint on April 26, 2018, under 42 U.S.C. §
1983. He names the following Defendants: “Dept. of
Corrections, ” James M. LeBlanc, Jerry Goodwin, and
Kevin Wyles. For the following reasons, it is
recommended that Plaintiff's Complaint be DISMISSED WITH
alleges that Defendants are confining him beyond his December
25, 2017, release date. He claims that he was initially
arrested and confined on December 26, 2014, and that, on May
1, 2017, a state court judge sentenced him to three years of
incarceration with credit for time served. He seeks immediate
is a detainee who has been permitted to proceed in forma
pauperis. As a detainee seeking redress from an
officer or employee of a governmental entity, his complaint
is subject to preliminary screening pursuant to 28 U.S.C.
§ 1915A. See Martin v. Scott, 156
F.3d 578, 579-80 (5th Cir.1998) (per curiam).
Because he is proceeding in forma pauperis, his Complaint is
also subject to screening under § 1915(e)(2). Both
§ 1915(e)(2) (B) and § 1915A(b) provide for sua
sponte dismissal of the complaint, or any portion
thereof, if the Court finds it is frivolous or malicious, if
it fails to state a claim upon which relief may be granted,
or if it seeks monetary relief against a defendant who is
immune from such relief.
complaint is frivolous when it “lacks an arguable basis
either in law or in fact.” Neitzke v.
Williams, 490 U.S. 319, 325 (1989). A claim lacks an
arguable basis in law when it is “based on an
indisputably meritless legal theory.” Id. at
327. Courts are also afforded the unusual power to pierce the
veil of the factual allegations and dismiss those claims
whose factual contentions are clearly baseless. Id.
complaint fails to state a claim upon which relief may be
granted when it fails to plead “enough facts to state a
claim to relief that is plausible on its face.”
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007); accord Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009). Likewise, a complaint fails to state a claim upon
which relief can be granted if it appears that no relief
could be granted under any set of facts that could be proven
consistent with the allegations of the complaint. Of course,
in making this determination, the court must assume that all
of the plaintiff's factual allegations are true.
Bradley v. Puckett, 157 F.3d 1022, 1025 (5th Cir.
rights plaintiff must support his claims with specific facts
demonstrating a constitutional deprivation and may not simply
rely on conclusory allegations. Ashcroft, 556 U.S.
at 662; Schultea v. Wood, 47 F.3d 1427, 1433 (5th
Cir. 1995). Nevertheless, a district court is bound by the
allegations in a plaintiff's complaint and is “not
free to speculate that the plaintiff ‘might' be
able to state a claim if given yet another opportunity to add
more facts to the complaint.” Macias v. Raul A.
(Unknown) Badge No. 153, 23 F.3d 94, 97 (5th Cir. 1994).
hearing need not be conducted for every pro se complaint.
Wilson v. Barrientos, 926 F.2d 480, 483 n.4 (5th
Cir. 1991). A district court may dismiss a prisoner's
civil rights complaint as frivolous based upon the complaint
and exhibits alone. Green v. McKaskle, 788 F.2d
1116, 1120 (5th Cir. 1986).
Habeas Corpus Relief
Plaintiff filed this action under 42 U.S.C. § 1983, he
challenges the very fact and duration of his imprisonment.
Plaintiff should instead pursue his request for an immediate
release from custody through a petition for writ of habeas
corpus under 28 U.S.C. § 2241. The Court cautions Plaintiff
that he must first exhaust his available state court remedies
before seeking habeas corpus relief in this Court.
SeePreiser, 411 U.S. at 477 (observing
that if “habeas corpus is the exclusive federal remedy
. . . a plaintiff cannot seek the intervention of a federal
court until he has first sought and been denied relief in the
state courts, ...