United States District Court, E.D. Louisiana
REPORT AND RECOMMENDATION
M. DOUGLAS UNITED STATES MAGISTRATE JUDGE.
Keith Coleman, a state prisoner, filed this federal civil
rights action pursuant to 42 U.S.C. § 1983. In pertinent
part, that statute provides:
Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or
the District of Columbia, subjects, or causes to be
subjected, any citizen of the United States or other person
within the jurisdiction thereof to the deprivation of any
rights, privileges, or immunities secured by the Constitution
and laws, shall be liable to the party injured in an action
at law, suit in equity, or other proper proceeding for
redress, except that in any action brought against a judicial
officer for an act or omission taken in such officer's
judicial capacity, injunctive relief shall not be granted
unless a declaratory decree was violated or declaratory
relief was unavailable.
42 U.S.C. § 1983.
lawsuit, plaintiff claims that the defendant, Judge
“Jermeine Wishberg, ” allowed plaintiff to be
convicted based on insufficient evidence in his state
criminal trial. As relief, he seeks monetary damages.
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;
(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 ...