Payne v. Jefferson Parish Sheriff's Department et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 and dismissing plaintiff's complaint with prejudice. Signed by Chief Judge Sarah S. Vance on 3/17/14.(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ANTIONE AIRCEL PAYNE

CIVIL ACTION

VERSUS

NO: 14-225

JEFFERSON PARISH SHERIFF'S
DEPARTMENT, ET AL.

SECTION: R(2)

ORDER
Plaintiff Antoine Aircel Payne, a prisoner at the Jefferson
Parish Correctional Center, has filed a civil lawsuit under 18
U.S.C. § 1983.1 The Magistrate Judge has recommended that Payne's
federal civil rights claim be dismissed with prejudice as
frivolous or for failing to state a claim on which relief may be
granted.2 No objections to Magistrate Judge Wilkinson's Report
and Recommendation have been filed. The Court, having reviewed de
novo plaintiff's complaint, the applicable law, and Magistrate
Judge Knowles' Report and Recommendation, hereby approves the R&R
and adopts it as its opinion, with the following addition.
Payne's complaint seeks $4 million in damages, the firing of
Detective Faucetta and Sergeant Fourcade, and the dismissal of
the charges against him. As Judge Wilkinson explained, Payne is
not entitled to monetary compensation or to the firing of the two
officials because he has no constitutionally protected interest

1

R. Doc. 1.

2

R. Doc. 4.

in the prosecution of another.3 Payne is not entitled to release
from confinement because he has not provided any reason why his
prosecution is unconstitutional. Moreover, the Court notes that,
even if Payne had made such an argument, "a federal court cannot
enjoin a pending criminal trial in state court, absent
exceedingly rare and extraordinary circumstances." Ballard v.
Wilson, 856 F.2d 1568, 1569-70 (5th Cir. 1988) (citing Younger v.
Harris, 401 U.S. 37 (1971)).
Accordingly, plaintiff's complaint is DISMISSED WITH
PREJUDICE.

New Orleans, Louisiana, this _____ day of March, 2014.
17th

SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

3

See id. at 4.
2