Lewis v. Bossier Parish et al

Filing 63

ORDER ADOPTING 55 Report and Recommendations; claims stated in this order are Dismissed with prejudice as frivolous; FURTHER ORDERED that civil rights claim seeking monetary compensation for allegedly unconstitutional conviction and sentence be Dismissed with prejudice as frivolous until such time as Heck conditions are met. Signed by Judge Tom Stagg on 3/16/10. (crt,McDaniel, C) Modified on 3/18/2010 to edit text (Delgado, S).

RECEIVED
MAR 1 6 2010
TONY A. OOAE~k WE&ERN DISMICT OF LOUI.~ANA TR SHREVEPO~. LOUIS ANA r

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION CIVIL ACTION NO. 07-394-P JUDGE STAGG MAGISTRATE JUDGE HORNSBY

FREDDIE R. LEWIS VERSUS BOSSIER PARISH SHERIFF'S DEPARTMENT, ET AL.

ORDER For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, including written objections filed by Plaintiff, and determining that the findings are correct under the applicable law; IT IS ORDERED that the following claims be DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C.

§ 1915(e)(2)(B)(I) and (ii):
(1) Claims against Sgt. Shelton, the Bossier City Police Department, and the Bossier

City Police Chief arising out of his November 18, 2005 arrest; (2) Claims against the Parish of Bossier arising out of his November 19, 2005 transfer; (3) Claims against Medical Assistant Thornhill and Medical Assistant David arising out of his November 19, 2005 request for medical treatment; (4) Claims against Warden Weaver, Assistant Warden Stokes, Sgt. Wadsworth, Sgt. Jones, Deputy Pierce, Deputy Porter, and Deputy Martin arising out of

denial of access to the courts while at Bossier Parish Maximum Security Facility from November 10, 2005 until February 22, 2005; (5) Claims against Deputy Porter and Deputy Martin arising out ofthe search ofhis cell while incarcerated at the Bossier Parish Maximum Security Facility from November 10, 2005 until February 22, 2005; (6) Claims against Warden Weaver, Assistant Warden Stokes, Medical Officer Thornhill, and Medical Officer David arising out ofhis February 20,2006 medical examination; (6) Claims against Assistant Warden Stokes arising out of the February 22, 2006 confrontation; (7) Claims against Medical Assistant Broadenski arising out ofhis February 24, 2005 medical visit; (8) Claims against the Bossier Parish Sheriff's Department and the Bossier City Police Department arising out of his classification claims; (9) Claims against Sgt. Wadsworth, Sgt. Jones, Deputy Martin, Deputy Porter, Deputy Pierce, Warden Dennis Weaver and Assistant Warden Stokes arising out of the denial of access to the courts; (10) Claims against George Henderson; (11) Claims against Assistant Warden Lee arising out ofthe prison disciplinary proceedings; (12) Claims against Assistant Warden Lee arising out of the prison administrative grievance procedure; (13) Claims against Judge Stinson, Judge Bolin, Judge Robinson and Magistrate Judge Robert Shemwell; (14) Claims against Mary Jackson; (15) Claims against the District Attorney; and (16) Claims against Agent T. Smith, Officer M. Teutsch, Deputy Hall and Deputy Prather ,2

2Plaintiff still has claims remaining against the Bossier Parish Sheriff's Department, Sheriff Larry C. Dean, the Parish of Bossier, Warden Mark Toloso, Warden Dennis Weaver, Assistant Warden Joe Lee, Assistant Warden Stokes, Deputy Griffin, Deputy On, Deputy Hawn, Doctor Robert Russel, Doctor Haverton, Deputy J. Martin, Deputy Rodgers, Sgt. Parish, Bossier Parish Minimum Security Facility Medical Staff, and Steve Broadenski.

IT IS FURTHER ORDERED that Plaintiffs civil rights claim seeking monetary compensation for his allegedly unconstitutional conviction and/or sentence be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. §1915(e) until such time as the Heck conditions are met. THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this dayof~ 2010.
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TOM STAGG UNITED STATES DISTRICT J