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Thompson v. Landry

United States District Court, E.D. Louisiana

March 29, 2019

JOHNNY LEE THOMPSON #89353
v.
JEFF LANDRY, ET AL.

         SECTION: “F” (1)

          REPORT AND RECOMMENDATION

          JANIS VAN MEERVELD, UNITED STATES MAGISTRATE JUDGE

         Johnny Lee Thompson, a state prisoner, filed this pro se federal civil action pursuant to 42 U.S.C. § 1983. He named the following defendants: Louisiana Attorney General Jeff Landry; Louisiana Governor John Bel Edwards; the Louisiana Legislature; and the Orleans Parish Criminal District Court. In this lawsuit, plaintiff claims that the “defendants knew that 10-2 verdict is unconstitutional in its designed to stop unanimous decisions in denying petitioner of his due process and equal protection of the law.”[1]

         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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