Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Colvin v. Leblanc

United States District Court, E.D. Louisiana

July 22, 2019

JAMES COLVIN
v.
JAMES LEBLANC ET AL.

         SECTION I

          ORDER & REASONS

          LANCE M. AFRICK UNITED STATES DISTRICT JUDGE

         Before the Court is plaintiff and pro se prisoner James Colvin's (“Colvin”) motion[1] to remand the above-captioned matter to Louisiana state court and Colvin's motion[2] for default judgment. For the following reasons, the motions are denied.

         I.

         Colvin filed this lawsuit in the 22nd Judicial District Court for the Parish of Washington, State of Louisiana, on May 2, 2019 against the following defendants: James LeBlanc, Secretary of the Louisiana Department of Public Safety and Corrections (“DPSC”); Brandi LeFeaux, Corrections Specialist; Carolyn Wade, Records Clerk; and Robert Tanner, Warden (together, “defendants”).[3] In his civil petition for damages, Colvin alleges that defendants violated his constitutional rights by (1) interrupting his federal sentence and unconstitutionally extraditing him from Lewisburg, Pennsylvania to Hunt Correctional Center in Louisiana and (2) “artificial[ly]” extending the expiration date of his sentence.[4] Colvin served defendants with citation and a copy of the petition for damages on or about May 10, 2019.[5] On June 7, 2019, defendants timely removed the case to this Court.[6]

         The Court will address Colvin's motion to remand and his motion for default judgment in turn. As Colvin is proceeding pro se, the Court will construe his pleadings liberally. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (citations omitted) (“A document filed pro se is ‘to be liberally construed' . . . and ‘a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.'”).

         II.

         Under 28 U.S.C. § 1441(a), “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending, ” unless Congress provides otherwise. Jurisdictional facts supporting removal are assessed at the time of removal. Louisiana v. American Nat'l Prop. Cas. Co., 746 F.3d 633, 636-37 (5th Cir. 2014). “The removing party bears the burden of establishing that federal jurisdiction exists.” De Aguilar v. Boeing Co., 47 F.3d 1404, 1408 (5th Cir. 1995). “Any ambiguities are construed against removal because the removal statute should be strictly construed in favor of remand.” Manguno v. Prudential Prop. & Cas. Co., 276 F.3d 720, 723 (5th Cir. 2002).

         “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. A federal court has original or removal jurisdiction if a federal question appears on the face of the plaintiff's well-pleaded complaint. Bernhard v. Whitney Nat'l Bank, 523 F.3d 546, 551 (5th Cir. 2008).

         In their notice of removal, defendants assert that Colvin alleges violations of the United States Constitution, which arise under 42 U.S.C. § 1983.[7] Defendants argue that because Colvin's claims arise under federal law, this Court has original jurisdiction pursuant to § 1331.[8]

         As previously discussed, Colvin alleges that defendants violated his federal constitutional rights. In his statement of facts and memorandum of law in support of his petition, Colvin specifically requests that this Court order the DPSC to “stop violating” his Fourteenth Amendment right to Due Process and his Fifth Amendment right against Double Jeopardy.[9] The fact that Colvin's state court petition did not specifically cite § 1983, the enforcement mechanism for constitutional claims, is not dispositive as his well-pleaded complaint clearly alleges claims under the Fifth and Fourteenth Amendments to the Constitution of the United States.[10] These allegations alone provide an appropriate basis for federal question jurisdiction and it is immaterial that § 1983 is not cited in the petition. See Wright v. Wilkerson Cty. Reg'l Corr. Facility, No. 13-CV-0206, 2014 WL 2559219, at *1-2 (S.D.Miss. June 4, 2014).

         Colvin asserts that his case has been improperly removed because he has urged a state civil claim for damages. Colvin states that his case was filed pursuant to the Louisiana Code of Civil Procedure and that it is “based on delictual actions by correctional officers and seeks monetary damages.”[11] However, Colvin does not cite any substantive Louisiana law to support his claims and he alleges federal constitutional violations throughout his petition and his memorandum in support. To the extent that Colvin has alleged state law claims, the Court has supplemental jurisdiction over such related claims, pursuant to 28 U.S.C. § 1367, as the claims derive from a common nucleus of operative fact.[12]

         Finally, Colvin argues that his case should be remanded because the Court lacks jurisdiction over this action due to defendants' alleged procedural default in state court. Colvin asserts that defendants did not timely answer his petition and that he filed a motion in state court for a default judgment before defendants removed this action.[13] However, Colvin has not provided any authority ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.