United States District Court, E.D. Louisiana
REPORT AND RECOMMENDATION
VAN MEERVELD, UNITED STATES MAGISTRATE JUDGE
Christopher Alan Jackson, 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 has sued Orleans Parish Criminal District
Court Judge Tracey Flemings-Davillier (incorrectly identified
in the complaint as “Tracy Devalier Flimyn”),
claiming that he was wrongly convicted and sentenced in his
state criminal trial in which she was the presiding judge. As
relief, he seeks monetary damages and a new trial.
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).
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 ...