Davis v. 19th Judicial District Court

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA REGINALD DAVIS CIVIL ACTION VERSUS 19TH JUDICIAL DISTRICT COURT, NO. 24-00321-BAJ-EWD ET AL. RULING AND ORDER Plaintiff, an inmate confined at the Louisiana State Penitentiary, brings suit under 42 U.S.C. § 1988 alleging that his constitutional rights were violated because of his conviction by a non-unanimous jury, among other claims. (See Docs. 1, 6, 13). Pursuant to the screening requirements of 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, the Magistrate Judge has now issued a Report and Recommendation (Doc. 15, the “Report”), recommending that Plaintiffs federal constitutional claims be dismissed because they are barred by Heck v. Humphrey, 512 U.S. 477 (1994),! and/or seek relief that is not available in a suit under § 1983, and further recommending that the Court decline to exercise supplemental jurisdiction over potential state law claims, to the extent any such claims exist. (See Doc. 15). Plaintiffs deadline to object to the Report has passed, without any objection from Plaintiff. Having carefully considered the operative Complaint and related filings, the

‘In Heck, the U.S. Supreme Court held that “in order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas corpus, 28 U.S.C. § 2254.” 512 U.S. at 487.

Court APPROVES the Report and ADOPTS it as the Court’s opinion in this matter. Accordingly, IT IS ORDERED that Plaintiffs federal constitutional claims be and are hereby DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e) and 1915A for failure to state a claim. IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over Plaintiffs potential state law claims. Judgment shall issue separately. a WD Baton Rouge, Louisiana, this*~ day of November, 2024

JUDGE BRIAN A. » UNITED STATES RICT COURT MIDDLE DISTRICT OF LOUISIANA