Rogers v. Ikpo

CourtDistrict Court, S.D. Texas
DecidedMay 22, 2025
Docket4:24-cv-02842
StatusUnknown

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

Bluebook
Rogers v. Ikpo, (S.D. Tex. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT May 22, 2025 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

VICTOR CHARLES ROGERS, § TDCJ # 00602346, § § Plaintiff, § § VS. § CIVIL ACTION NO. 4:24-2842 § IFREKE IKPO, § § Defendants. §

MEMORANDUM OPINION AND ORDER

Victor Charles Rogers, an inmate in the Texas Department of Criminal Justice– Correctional Institutions Division (TDCJ), proceeds pro se and in forma pauperis in this civil-rights suit under 42 U.S.C. § 1983. This case is governed by the Prisoner Litigation Reform Act (PLRA), which requires the Court to scrutinize the pleadings and dismiss the complaint in whole or in part if it is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); 28 U.S.C. § 1915A(b). After reviewing all of the pleadings as required, the Court concludes that this case must be DISMISSED for the reasons explained below. I. BACKGROUND Rogers is incarcerated in TDCJ based on a 1991 conviction in Harris County for aggravated sexual assault. See Inmate Information Search, TDCJ, available at https://inmate.tdcj.texas.gov/InmateSearch/ (last visited May 16, 2025). He brings claims regarding alleged violations of his rights in connection with the revocation of his parole in 2018 and subsequent denials of release to parole. Rogers previously filed a federal habeas petition raising claims about the same

events. See Rogers v. Lumpkin, Civil Action No. 4:22-4135 (S.D. Tex.) (Dkt. 32, dated Sept. 10, 2024). The court’s opinion denying habeas relief sets out facts that are relevant to this suit: Rogers was released to parole in August 2014 and his parole was revoked on October 8, 2018. After returning to TDCJ, the Board of Pardons and Paroles reviewed his application for parole in March 2019 and February 2022, and denied both applications

based on a determination that Rogers posed a continuing threat to public safety and had prior unsuccessful periods of supervision on parole. Id. at 2. In the previous federal action, the court denied Rogers’ habeas claims as time-barred and as not cognizable on habeas review, among other grounds. Id. at 9-14. In this civil-rights suit, Rogers brings claims against two parole officers and the

Texas Board of Pardons and Parole. First, he alleges that Parole Officer Ifreke Ikpo filed a false statement against him in April 2018 when Officer Ikpo wrote that Rogers had been violent against his girlfriend, despite the girlfriend’s sworn affidavit from June 2018 stating that the allegation was untrue. Second, he alleges that Parole Officer Lonnie Chambers filed a “blue warrant” stating that Rogers had violated his parole and forged Rogers’

signature on the documents. Third, he alleges that the Board of Pardons and Paroles improperly denied his parole applications twice, in March 2019 and February 2022, when they voted on evidence that “has no business being in [his] file” (Dkt. 1, at 4, 6-8). As relief for his claims, Rogers seeks compensation for the violation of his rights (id. at 4). II. THE PLRA AND PRO SE PLEADINGS

Because the plaintiff is a prisoner proceeding in forma pauperis, the Court is required by the PLRA to screen the case and dismiss the complaint at any time if it determines that the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); 28 U.S.C. § 1915A(b). A district court may dismiss a claim as frivolous if it lacks any arguable basis in law or fact. Samford v. Dretke, 562 F.3d 674, 678 (5th Cir. 2009). A claim lacks an arguable basis in law “if it is based on an

indisputably meritless legal theory.” Rogers v. Boatright, 709 F.3d 403, 407 (5th Cir. 2013) (cleaned up). It lacks an arguable basis in fact “if, after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Id. (cleaned up). A dismissal under § 1915A(b) or § 1915(e)(2)(B) for failure to state a claim is

governed by the same standard as a motion under Rule 12(b)(6) of the Federal Rules of Civil Procedure. See Newsome v. EEOC, 301 F.3d 227, 231 (5th Cir. 2002). Under this standard, a court “construes the complaint liberally in favor of the plaintiff,” “takes all facts pleaded in the complaint as true,” and considers whether “with every doubt resolved on [the plaintiff’s] behalf, the complaint states any valid claim for relief.” Harrington v. State

Farm Fire & Cas. Co., 563 F.3d 141, 147 (5th Cir. 2009) (cleaned up). A court may dismiss a case sua sponte and without notice to the plaintiff if the plaintiff has pleaded his best case or if the dismissal is without prejudice. Brown v. Taylor, 829 F.3d 365, 370 (5th Cir. 2016); see Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (holding that a court may sua sponte dismiss for failure to state a claim “as long as the procedure employed is fair”) (cleaned up); Jacquez v. Procunier, 801 F.2d 789, 793 (5th Cir. 1986) (holding that where the pleadings, viewed under the individual circumstances of the case, “demonstrate

that the plaintiff has pleaded his best case,” dismissal on the pleadings is appropriate if the pleadings do not adequately state a cause of action). In reviewing the pleadings, the Court is mindful of the fact that the plaintiff proceeds pro se. Complaints filed by pro se litigants are entitled to a liberal construction and, “however inartfully pleaded, must be held to less stringent standards than formal pleadings

drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (cleaned up). Even under this lenient standard a pro se plaintiff must allege more than “‘labels and conclusions’ or a ‘formulaic recitation of the elements of a cause of action.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory

statements, do not suffice.” Id. Additionally, regardless of how well-pleaded the factual allegations may be, they must demonstrate that the plaintiff is entitled to relief under a valid legal theory. See Neitzke v. Williams, 490 U.S. 319, 327 (1989); Geiger v. Jowers,

Related

Piotrowski v. City of Houston
51 F.3d 512 (Fifth Circuit, 1995)
Bazrowx v. Scott
136 F.3d 1053 (Fifth Circuit, 1998)
Hainze v. Richards
207 F.3d 795 (Fifth Circuit, 2000)
Newsome v. EEOC
301 F.3d 227 (Fifth Circuit, 2002)
Geiger v. Jowers
404 F.3d 371 (Fifth Circuit, 2005)
Samford v. Dretke
562 F.3d 674 (Fifth Circuit, 2009)
Harrington v. State Farm Fire & Casualty Co.
563 F.3d 141 (Fifth Circuit, 2009)
Neitzke v. Williams
490 U.S. 319 (Supreme Court, 1989)
Heck v. Humphrey
512 U.S. 477 (Supreme Court, 1994)
Wilkinson v. Dotson
544 U.S. 74 (Supreme Court, 2005)
Erickson v. Pardus
551 U.S. 89 (Supreme Court, 2007)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Fernando Jacquez v. R.K. Procunier
801 F.2d 789 (Fifth Circuit, 1986)
William Hamilton Gartrell v. R.S. Gaylor
981 F.2d 254 (Fifth Circuit, 1993)
Frame v. City of Arlington
657 F.3d 215 (Fifth Circuit, 2011)
Bruce Rogers v. Shawna Boatright
709 F.3d 403 (Fifth Circuit, 2013)
Pratt Ex Rel. Estate of Pratt v. Harris County
822 F.3d 174 (Fifth Circuit, 2016)
Clarence Brown v. Allison Taylor
829 F.3d 365 (Fifth Circuit, 2016)

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Rogers v. Ikpo, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-ikpo-txsd-2025.