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Myles v. Stewart

United States District Court, W.D. Louisiana, Shreveport Division

December 4, 2019

GREGORY WAYNE MYLES
v.
JAMES E. STEWART, ET AL.

          DOUGHTY, Magistrate Judge

          REPORT AND RECOMMENDATION

          Mark L. Hornsby, U.S. Magistrate Judge

         In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report, and recommendation.

         STATEMENT OF CLAIM

         Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Gregory Wayne Myles (“Plaintiff”), pursuant to 42 U.S.C. § 1');">1983. This complaint was received and filed in this court on November 9, 201');">18. Plaintiff claims his civil rights were violated during his criminal trial proceedings. He names James E. Stewart, Sr., William C. Gaskins, the Caddo Parish District Attorney's Office, the First Judicial District Court, Mike Spence, Mallory A. Richard, and Dannie Dougharty as defendants.

         Plaintiff claims that on January 21');">1, 201');">16, a Louisiana State Police officer pulled over his vehicle for an illegal lane change and no turn signal. He claims the officer's dash cam will prove that the stop was illegal. Plaintiff claims that after he was booked into jail, the Caddo Parish District Attorney placed him on the docket for February 1');">18, 201');">16. He claims his parole was automatically revoked in Docket #265423.

         On February 1');">18, 201');">16, the District Attorney charged Plaintiff with Driving while Intoxicated - 4th or subsequent offense [Doc. 1');">1, p.9]. He claims that on March 6, 2008, he was convicted of driving intoxicated -fourth offense and was sentenced to a ten-year prison sentence. Plaintiff claims his due process rights were violated because the same predicate offense was used twice to convict him twice. He claims his parole was unlawfully revoked and he was falsely imprisoned.

         On November 1');">16, 201');">16, Plaintiff pleaded guilty to driving intoxicated - third offense. The trial court sentenced Plaintiff to four years imprisonment at hard labor. The trial court further ordered that one year of the hard labor sentence be served without benefit of probation, parole, or suspension of sentence [Doc. 1');">1, p.1');">12]. Plaintiff states that the conviction he is challenging in this complaint is the November 1');">16, 201');">16 conviction for third offense DWI [Doc. 1');">16, p. 1');">1].

         Plaintiff claims the conviction is invalid because La.C.Cr.P. art. 872(2)j was violated. He claims there was no valid indictment and/or bill of information. He claims the state court failed to properly amend the bill of information to reflect the charge of DWI third offense. He claims he was subjected to double jeopardy. He claims the predicate offenses had already been used to enhance a DWI- Third Offense on June 1');">10, 2003. He claims the sentencing court failed to order the bill of particulars amended in order to cover-up the evidence of double jeopardy in violation of La. C.Cr.P.Art. 488. He claims District Attorney James E. Stewart, Sr. and Assistant District Attorney William Gaskins are responsible for his false imprisonment. He also claims Clerk of Court Mike Spence and Assistants Mallory A. Richard and Dannie Dougharty were negligent.

         Plaintiff claims he filed he filed two applications for post-conviction relief which were denied by Judge Ramona Emanuel. He claims the applications should have been granted on the grounds of double jeopardy.

         Plaintiff claims the court exceeded its jurisdiction and his custody is unlawful.

         On September 27, 201');">18, the District Attorney charged Plaintiff with simple criminal damage to property in the amount of $1');">1200.00. Plaintiff claim the unlawful imprisonment caused a felony bill of information to be filed against him. Plaintiff claims he has been denied bail.

         Accordingly, Plaintiff seeks monetary compensation, his release from incarceration, and dismissal of DWI conviction in Docket #337975.

         LAW ...


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