Ledet v. Western District Court of Texas

W.D. Louisiana

Ledet v. Western District Court of Texas

DecidedJune 14, 2023

Docket6:23-cv-00276

StatusUnknown

This text of Ledet v. Western District Court of Texas (Ledet v. Western District Court of Texas) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ledet v. Western District Court of Texas, (W.D. La. 2023).

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Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

CANDELLA MONIQUE LEDET CASE NO. 6:23-CV-00276

VERSUS JUDGE ROBERT R. SUMMERHAYS

U S WESTERN DISTRICT COURT OF MAGISTRATE JUDGE DAVID J. AYO TEXAS ET AL

ORDER

Plaintiff requested and was granted leave to proceed in forma pauperis (“IFP”) in this suit. (Rec. Docs. 4, 5). Consequently, Plaintiff’s complaint is subject to preliminary review pursuant to 28 U.S.C. §1915, which requires the Court to review IFP complaints to determine whether such complaints are frivolous or malicious; fail to state a claim upon which relief may be granted by the Court; or seek monetary relief against a defendant who is immune from such relief. 28 U.S.C. §1915(e)(2)(B). Section 1915(e)(2)(B) applies to prisoner and non-prisoner IFP complaints. Newsome v. Equal Employment Opportunity Commission, 301 F.3d 227, 231-33 (5th Cir. 2002) (affirming sua sponte dismissal of a non-prisoner IFP complaint as frivolous and failing to state a claim for relief under § 1915(e)(2)(B)(i) and (ii)). Further, the Court may conduct its review under § 1915(e)(2)(B) before or after service is made upon any defendant. Green v. McKaskle, 788 F.2d 1116, 1119 (5th Cir. 1986) (citing, inter alia, Brown v. Schneckloth, 421 F.2d 1402, 1403 (9th Cir. 1970) (cert. denied 400 U.S. 847 (1970)) (rejecting the premise that dismissal under § 1915 is improper unless effected prior to service of the complaint upon one or

more defendants). Considering the foregoing, it 1s hereby ORDERED that no summons shall issue or be served by the Court until a preliminary review under 28 U.S.C. §1915 is completed. If, after such review, this Court finds that Plaintiffs complaint is not subject to dismissal, issuance of

summons and service will be ordered.

THUS DONE AND SIGNED this 14th day of June, 2023 at Lafayette, Louisiana.

loa UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

CANDELLA MONIQUE LEDET CASE NO. 6:23-CV-00276

VERSUS JUDGE ROBERT R. SUMMERHAYS

U S WESTERN DISTRICT COURT OF MAGISTRATE JUDGE DAVID J. AYO TEXAS ET AL

ORDER

Plaintiff requested and was granted leave to proceed in forma pauperis (“IFP”) in this suit. (Rec. Docs. 4, 5). Consequently, Plaintiff’s complaint is subject to preliminary review pursuant to 28 U.S.C. §1915, which requires the Court to review IFP complaints to determine whether such complaints are frivolous or malicious; fail to state a claim upon which relief may be granted by the Court; or seek monetary relief against a defendant who is immune from such relief. 28 U.S.C. §1915(e)(2)(B). Section 1915(e)(2)(B) applies to prisoner and non-prisoner IFP complaints. Newsome v. Equal Employment Opportunity Commission, 301 F.3d 227, 231-33 (5th Cir. 2002) (affirming sua sponte dismissal of a non-prisoner IFP complaint as frivolous and failing to state a claim for relief under § 1915(e)(2)(B)(i) and (ii)). Further, the Court may conduct its review under § 1915(e)(2)(B) before or after service is made upon any defendant. Green v. McKaskle, 788 F.2d 1116, 1119 (5th Cir. 1986) (citing, inter alia, Brown v. Schneckloth, 421 F.2d 1402, 1403 (9th Cir. 1970) (cert. denied 400 U.S. 847 (1970)) (rejecting the premise that dismissal under § 1915 is improper unless effected prior to service of the complaint upon one or

more defendants). Considering the foregoing, it 1s hereby ORDERED that no summons shall issue or be served by the Court until a preliminary review under 28 U.S.C. §1915 is completed. If, after such review, this Court finds that Plaintiffs complaint is not subject to dismissal, issuance of

summons and service will be ordered.

THUS DONE AND SIGNED this 14th day of June, 2023 at Lafayette, Louisiana.

loa UNITED STATES MAGISTRATE JUDGE

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