Danny Trey Crossland v. Heather Patterson et al

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

DANNY TREY CROSSLAND #785923 CASE NO. 2:25-CV-01425 SEC P VERSUS JUDGE JAMES D. CAIN, JR. HEATHER PATTERSON ET AL MAGISTRATE JUDGE LEBLANC

MEMORANDUM ORDER Before the court is a Report and Recommendation [doc. 7] from the Magistrate Judge, recommending that this matter be dismissed as time-barred under the applicable Louisiana prescriptive period. In his objections, plaintiff contends that some amount of time between the complained-of actions in October 2023 and the filing of this suit in September 2025 was tolled due to his attempts to exhaust administrative remedies. Doc. 10. Under Louisiana law, a prisoner’s pursuit of mandatory administrative remedies tolls the prescriptive period applicable to his civil rights claim. Harris v. Hegmann, 198 F.3d 153, 157 (Sth Cir. 1999). The complaint indicates that plaintiff filed an ARP with the Vernon Parish Sheriff’s Office but never received a response. Doc. 1, p. 2. Accordingly, IT IS ORDERED that the Report and Recommendation be DENIED and that the matter be REFERRED to the Magistrate Judge for further review of plaintiff’s equitable tolling allegations. THUS DONE AND SIGNED in Chambers on the 12th day of March, 2026.

UNITED STATES DISTRICT JUDGE