Houston et al v. Howard et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS 26 . IT IS ORDERED that Plaintiffs Harold Amon Houston and Wynika Trachelle Houston's claims against Jefferson Parish Sheriff's Deputies Blaine Howard and Andre Nelson be DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2) and 42 U.S.C. § 1997e(c)(1). Signed by Judge Susie Morgan.(bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
HAROLD AMON HOUSTON, ET AL.,
Plaintiffs

CIVIL ACTION

VERSUS

NO. 16-17558

BLAINE HOWARD, ET AL.,
Defendants

SECTION: “E”

ORDER
Before the Court is Plaintiffs Harold Amon Houston and Wynika Trachelle
Houston’s complaint pursuant to 42 U.S.C. § 1983 against Jefferson Parish Sheriff’s
Deputies Blaine Howard and Andre Nelson. 1 A prisoner’s pro se complaint for alleged
civil rights violations must be screened by the court sua sponte as soon as practicable after
docketing, regardless whether it has also been filed in forma pauperis. 2 “A federal court
may dismiss a claim in forma pauperis ‘if satisfied that the action is frivolous or
malicious.’” 3 This matter was referred to the United States Magistrate Judge, who issued
his Report and Recommendation on August 14, 2017. 4 The period for objections ended
on October 3, 2017, with no objections having been filed. The Court, having considered
the complaint, the record, the applicable law, and the magistrate judge’s Report and
Recommendation finds the magistrate judge’s findings of fact and conclusions of law are
correct and hereby approves the United States Magistrate Judge’s Report and
Recommendation and adopts it as its opinion in this matter. Therefore,

R. Doc. 1.
28 U.S.C. § 1915A(a); Lee v. Hennigan, 98 F. App’x 286, 287 (5th Cir. 2004) (citing Ruiz v. United
States, 160 F.3d 273, 274 (5th Cir. 1998)).
3 Moore v. McDonald, 30 F.3d 616, 620 (5th Cir. 1994).
4 R. Doc. 26.
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IT IS ORDERED that Plaintiffs Harold Amon Houston and Wynika Trachelle
Houston’s claims against Jefferson Parish Sheriff’s Deputies Blaine Howard and Andre
Nelson 5 be DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to
state a claim for which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2) and 42
U.S.C. § 1997e(c)(1).
New Orleans, Louisiana, on this 23rd day of October 2017.
____________ ______________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE

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R. Doc. 1.

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