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Lewis v. Harrison

United States District Court, E.D. Louisiana

February 7, 2019

DARNELL LEWIS
v.
MICHAEL S. HARRISON, ET AL.

         SECTION “A” (3)

          REPORT AND RECOMMENDATION

          DANA M. DOUGLAS, UNITED STATES MAGISTRATE JUDGE

         Plaintiff, Darnell Lewis, a state prisoner, filed this pro se complaint pursuant to 42 U.S.C. § 1983 against New Orleans Police Department Superintendent Michael S. Harrison and Orleans Parish District Attorney Leon Cannizzaro. Plaintiff claims that the defendants have failed to comply with the Louisiana Public Records Act.

         I. Standards of Review

          Plaintiff filed this federal civil action in forma pauperis. Concerning such actions, 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).

         In addition, because plaintiff is incarcerated, he is also subject to the screening provisions of 28 U.S.C. § 1915A. That statute 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 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 ...

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