United States District Court, E.D. Louisiana
REPORT AND RECOMMENDATION
M. DOUGLAS, UNITED STATES MAGISTRATE JUDGE
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.
Standards of Review
Plaintiff filed this federal civil action in forma
pauperis. Concerning such actions, federal law provides:
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;
(iii) seeks monetary relief against a defendant who is immune
from such relief.
28 U.S.C. § 1915(e)(2)(B).
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:
review, the court shall identify cognizable claims or dismiss
the complaint, or any portion of the complaint, if the
(1) is frivolous, malicious, or fails to state a claim upon
which relief ...