Ricks v. Department of Justice

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

WESLEY SINCLAIR RICKS CIVIL ACTION VERSUS NO. 25-0364 DEPT. OF JUSTICE, ET AL. SECTION “E” (2)

ORDER AND REASONS Plaintiff Wesley Sinclair Ricks filed a Motion for Summary Judgment (ECF No. 10) in this in forma pauperis civil rights action under 42 U.S.C. § 1983, in which he challenges the defendants’ joinder of his capital and non-capital offenses and failure to reverse his criminal conviction and sentence. ECF No. 5 at 5-6. After the filing of the motion, Ricks filed a Notice to the Court (ECF No. 11) requesting that the Court disregard his motion for summary judgment until the material facts in the case are developed. The court is currently conducting its statutory frivolousness review of Ricks’ complaint pursuant to 28 U.S.C. § 1915A, § 1915(e)(2), and 42 U.S.C. § 1997e(c), as applicable. As part of that review, the court also may schedule a Spears' hearing to further develop the facts alleged in the complaint. Only after completion of the required screening process and service of his claims on defendants would the court be in a position to address a motion for summary judgment. Therefore, at this time, Ricks’ motion for summary judgment is premature. Accordingly, IT IS ORDERED that Wesley Sinclair Ricks’ request that the court disregard Motion for Summary Judgment (ECF No. 10) is GRANTED and the motion is DENIED without prejudice to his right to refile after completion of the statutorily mandated screening review and service of his claims upon defendants. New Orleans, Louisiana, this _31st_ day of March, 2025.

UNITED STATES MAGISTRATE JUDGE | Spears McCotter, 766 F.2d 179 (5th Cir. 1985), overruled on other grounds by Neitzke v. Williams, 490 U.S. 319 (1989); see also Wilson v. Barientos, 926 F.2d 480, 482 (Sth Cir. 1991) (discussing purpose of Spears hearing).