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Davis v. Allen Rene Frederick, LLC

United States District Court, M.D. Louisiana

April 24, 2019

ADAM DAVIS, JR.
v.
ALLEN RENE FREDERICK, LLC

          NOTICE

          RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE.

         Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the United States District Court.

         In accordance with 28 U.S.C. § 636(b)(1), you have fourteen (14) days after being served with the attached Report to file written objections to the proposed findings of fact, conclusions of law and recommendations therein. Failure to file written objections to the proposed findings, conclusions, and recommendations within 14 days after being served will bar you, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions of the Magistrate Judge which have been accepted by the District Court.

         ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.

         MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

         The Court has granted Plaintiff Adam Davis, Jr.'s Motion for Leave to Proceed in Forma Pauperis. (R. Doc. 3). As Plaintiff is now proceeding in forma pauperis (“IFP”), the undersigned has performed a review, pursuant to 28 U.S.C. § 1915(e), to determine whether the complaint should be dismissed as frivolous or malicious, or whether it fails to state a claim on which relief may be granted.

         The Court issued an Order (R. Doc. 9) on October 3, 2018 notifying Plaintiff of a hearing to be held pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), which Order was sent to Plaintiff via Certified Mail at the last address provided by Plaintiff on July 3, 2018 (R. Doc. 8). A hearing was held on October 25, 2018 pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), wherein Plaintiff failed to appear. (R. Doc. 11).

         I. Nature of Plaintiff s Allegations

         Plaintiff filed his initial Complaint (R. Doc. 1) on June 4, 2018, his first Amended Complaint (R. Doc. 2) on June 6, 2018, and his second Amended Complaint (R. Doc. 5) on June II, 2018, naming Allen Rene Frederick, LLC as sole Defendant therein. Plaintiff alleges that Defendant represented him in a personal injury suit in Arkansas, or at the very least was hired to represent him and then sought to enroll Arkansas counsel. (R. Doc. 5 at 4). He states that he was run over on March 18, 2010 by a fork lift at his job, and suffered spinal injuries. (R. Doc. 1 at 1; R. Doc. 5 at 5). As a result of Defendant's representation of Plaintiff in Arkansas, Plaintiff alleges that he received $257, 000. He states that he used that money to buy a “peter built, ” but that he did not see any check, that he had to pay for his own surgery, that his personal injury suit was for $36 million, and files suit against “Allen Renee Fredrick to for [misrepresentation].” (R. Doc. 5 at 5-6). When prompted to “[s]tate briefly exactly what you want the court to do for you, ” Plaintiff writes, “[g]et my money that this attorney has for me for pain and suffering lost wages disable for life what my suit was own & to me.” (R. Doc. 2 at 5).

         II. Law and Analysis

         District courts must construe IFP complaints filed by pro se plaintiffs liberally. Nonetheless, even the most liberally construed IFP complaint can be dismissed at any time, regardless of service or the filing of an answer, if the court determines the case:

(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 ...

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