United States District Court, E.D. Louisiana
REPORT AND RECOMMENDATION
VAN MEERVELD UNITED STATES MAGISTRATE JUDGE.
Christopher Alan Jackson, a state prisoner, filed this
pro se and in forma pauperis civil action
against Louisiana's lawmakers 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.
law 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
review, the court shall identify cognizable claims or dismiss
the complaint, or any portion of the complaint, if the
(1) is frivolous, malicious, or fails to state a claim upon
which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from
28 U.S.C. § 1915A(b).
Additionally, with respect to actions filed in forma
pauperis, such as the instant lawsuit, federal law
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