Horton v. LeBlanc et al

Filing 22

JUDGMENT adopting 21 Report and Recommendations, dismissing Plaintiff's civil rights complaint with prejudice as frivolous. The Clerk of Court is instructed to send a copy of this Judgment to the keeper of the Three Strikes List in Tyler, Texas. Signed by Chief Judge S Maurice Hicks, Jr on 2/27/2019. (crt,McDonnell, D)

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

CALVIN WAYNE HORTON

CIVIL ACTION NO. 16-262-P

VERSUS

JUDGE S. MAURICE HICKS, JR.

JAMES LEBLANC, 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, including written
objections filed by Plaintiff, and determining that the findings are correct under the
applicable law, noting additionally with regard to the Plaintiff’s claim of a false disciplinary
report, he did not allege that he did not have an adequate opportunity to defend against
the charges 1 (“There is no due process violation if a prisoner is falsely accused of charges
if the prisoner is given an adequate state procedural remedy to challenge the
accusations.” Williams v. McWilliams, 20 F.3d 465 (5th Cir. 2994));
IT IS ORDERED that Plaintiff’s civil rights complaint is DISMISSED WITH
PREJUDICE as frivolous under 28 U.S.C. § 1915(e). The Clerk of Court is instructed to
send a copy of this Judgment to the keeper of the Three Strikes List in Tyler, Texas.
THUS DONE AND SIGNED, in Shreveport, Louisiana, on this 27th day of
February, 2019.

See Record Document 10 (where the Plaintiff only alleged that he was “discriminatorily
treated during the disciplinary Court proceedings by inmate counsel. . . .”) (emphasis
added) .
1