United States District Court, W.D. Louisiana, Lake Charles Division
JULIAN OKEAYAINNEH REG. # 20515-112
U.S. DEP'T OF JUSTICE, ET AL.
REPORT AND RECOMMENDATION
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE
the court is an amended complaint [doc. 11] filed by pro se
plaintiff Julian Okeayainneh under Bivens v. Six Unknown
Named Agents, 91 S.Ct. 1999 (1971), and the Federal Tort
Claims Act, 28 U.S.C. § 2671. Okeayainneh is an inmate
in the custody of the Bureau of Prisons (“BOP”)
and is currently incarcerated at the Federal Correctional
Institution at Oakdale, Louisiana (“FCIO”).
brings suit against the United States Department of Justice,
former United States Attorney for the District of Minnesota
B. Todd Jones, Assistant United States Attorneys Ann Marie
Anaya and Lolita Aime Vasquez-Aguilu, IRS agent James Shoup,
BOP Regional Director Matt Mangold, and FCIO Warden R. Myers.
He claims he is subjected to “unlawful
imprisonment” and appears to challenge his 2012
conviction in the United States District Court for the
District of Minnesota, of bank fraud, wire fraud, identity
theft, and related charges. Doc. 11; see United States v.
Okeayainneh et al., No. 0:11-cr-0087(1) (D. Minn. Aug.
appeal, the Eighth Circuit affirmed Okeayainneh's
conviction but found that a sentencing enhancement had been
misapplied and remanded the case for resentencing.
United States v. Adejumo, 772 F.3d 513 (8th
Cir. 2014). Okeayainneh sought relief through a § 2255
motion and other pro se motions collaterally attacking his
conviction, filed in the District of Minnesota, which the
court denied. United States v. Okeayainneh, 2015 WL
13358236 (D. Minn. Dec. 21, 2015). He also appealed his new
sentence to the Eighth Circuit, which denied relief on
September 9, 2016. United States v. Okeayainneh, 668
Fed. App'x 681 (8th Cir. 2016). Okeayainneh then filed a
second § 2255 motion and other collateral attacks on his
conviction in the trial court, which denied same on August 1,
2018. Okeayainneh, No. 0:11-cr-0087(1), at doc.
1256. Okeayainneh appealed the court's ruling to the
Eighth Circuit, which denied a certificate of appealability
and dismissed the appeal on December 21, 2018. Id.
at doc. 1276. Most recently, Okeayainneh filed two
“Motions to Take Notice of Adjudicative Facts” in
the trial court in January 2019, which are still pending.
Id. at docs. 1277, 1279. He also filed a civil
rights suit in the United States District Court for the
Northern District of Texas against the United States
Department of Justice and the Office of Personnel Management,
seeking declaratory and injunctive relief based on FOIA
requests he had issued to those agencies. Okeayainneh v.
U.S. Dep't of Justice, No. 3:18-cv-1195 (N.D. Tex.).
That suit is still pending. Id.
instant suit Okeayainneh raises numerous claims challenging
his conviction and sentence. Doc. 11. He also complains that
the BOP has transferred him to FCIO in retaliation for/an
effort to obstruct his efforts at obtaining post-conviction
relief, and that his term of imprisonment is somehow
invalidated by an alleged trial court order vacating his
restitution obligation. Id. at 10- 11. In relief he
seeks compensatory and punitive damages.
has been granted leave to proceed in forma pauperis
in this matter. Accordingly, his complaint is subject to
screening under 28 U.S.C. § 1915(e)(2), which provides
for sua sponte dismissal of the complaint or any
portion thereof if the court determines that it is frivolous
or malicious, fails to state a claim upon which relief may be
granted, or seeks monetary relief against a defendant who is
immune from such relief. 28 U.S.C. §
complaint is frivolous if it lacks an arguable basis in law
or fact. Gonzalez v. Wyatt, 157 F.3d 1016, 1019 (5th
Cir. 1998). A complaint fails to state a claim upon which
relief may be granted if it is clear the plaintiff cannot
prove any set of facts in support of his claim that would
entitle him to relief. Doe v. Dallas Indep. Sch.
Dist., 153 F.3d 211, 215 (5th Cir. 1998). When
determining whether a complaint is frivolous or fails to
state a claim upon which relief may be granted, the court
must accept plaintiff's ...