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Henderson v. 32nd Judicial District of Terrebonne Parish

United States District Court, E.D. Louisiana

November 2, 2018

BILLIE CHRISTOPHER HENDERSON
v.
32ND JUDICIAL DISTRICT OF TERREBONNE PARISH, ET AL.

         SECTION: “R” (3)

          REPORT AND RECOMMENDATION

          DANIEL E. KNOWLES, III UNITED STATES MAGISTRATE JUDGE.

         Plaintiff, Billie Christopher Henderson, a state pretrial detainee, filed this pro se and in forma pauperis civil action pursuant to 42 U.S.C. § 1983.[1] He named two defendants: the Louisiana Thirty-Second Judicial District Court for Terrebonne Parish and the Terrebonne Parish Criminal Justice Complex. In this lawsuit, he claimed that he was denied adequate medical attention at the jail.

         On August 16, 2018, the undersigned United States Magistrate Judge notified plaintiff that neither the Louisiana Thirty-Second Judicial District Court for Terrebonne Parish nor the Terrebonne Parish Criminal Justice Complex was a proper defendant in a § 1983 action. Accordingly, the Court ordered plaintiff to file an amended complaint to name a proper defendant or defendants on or before September 17, 2018. Plaintiff was expressly warned that if he failed to file an amended complaint as ordered, the undersigned would recommend that this lawsuit be dismissed.[2] Plaintiff did not respond to that order in any way, and, to date, no amended complaint has been filed. Accordingly, for the following reasons, it is now recommended that this civil action be dismissed.

         With respect to actions filed in forma pauperis, federal law 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).

         Federal law also mandates that federal courts screen cases, such as the instant one, “in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a).[3] Regarding such lawsuits, federal law similarly 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 ...

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