Samuels v. Brown et al

Filing 10

JUDGMENT ADOPTING 9 Report and Recommendations re 1 Complaint filed by Ontario Samuels. IT IS ORDERED that Plaintiff's civil rights claims seeking monetary damages and injunctive relief for his allegedly unconstitutional conviction and sentence be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. §1915(e) until such time as the Heck conditions are met. IT IS FURTHER ORDERED that Plaintiff's civil rights claims for monetary damages against Judge Roy Brun, Judge Ramona Emanuel, Assistant District Attorney Jackson, Carolyn Sartin, and Danielle Brown be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. §1915(e). IT IS FURTHER ORDERED that Plaintiff's request for habeas relief be DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies. The Court denies a certificate of appealability. Signed by Judge Elizabeth E Foote on 1/25/2016. (crt,Keifer, K)

U S DISTRICT COUR'f

WE~:WEFiN'DISTRICT OF LOUISIANfl,

RECEIVED

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
ONTARIO SAMUELS

CIVIL ACTION NO. 14-1813-P

VERSUS

JUDGE FOOTE

ROY BRUN, ET AL.

MAGISTRATE JUDGE HORNSBY
JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge
previously filed herein, and after an independent review of the record, and noting the lack
of written objections filed by Plaintiff and determining that the findings are correct under the
applicable law;
IT IS ORDERED that Plaintiffs civil rights claims seeking monetary damages and
injunctive relief for his allegedly unconstitutional conviction and sentence be DISMISSED
WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e) until such time as the Heck
conditions are met. IT IS FURTHER ORDERED that Plaintiffs civil rights claims for
monetary damages against Judge Roy Brun, Judge Ramona Emanuel, Assistant District
Attorney Jackson, Carolyn Sartin, and Danielle Brown be DISMISSED WITH
PREJUDICE as frivolous under 28 U.S.C. § 1915(e). IT IS FURTHER ORDERED that
Plaintiffs request for habeas relief be DISMISSED WITHOUT PREJUDICE for failure
to exhaust state court remedies.

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Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District Courts
requires the district court to issue or deny a certificate of appealability when it enters a final
order adverse to the applicant. The court, after considering the record in this case and the
standard set forth in 28 U.S.C. Section 2253, denies a certificate of appealability because the
applicant has not made a substantial showing of the denial of a constitutional right.

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