Smith v. Spivey et al

Filing 30

JUDGMENT adopting 26 Report and Recommendations re 1 Complaint, 20 Amended Complaint, and 17 Amended Complaint filed by Carlos Martel Lynn Smith; denying 21 Motion for Preliminary Injunction; denying 22 Motion for leave; denying [23 ] Motion for Settlement; denying 24 Motion to Appoint Counsel; and denying 25 Second Motion for settlement. IT IS ORDERED that Plaintiff's civil rights claims against the State of Louisiana, John Bel Edwards, and James M. LeBlanc be DISMIS SED WITHOUT PREJUDICE for lack of subject matter jurisdiction and Plaintiff's civil rights claims against the remaining Defendants seeking monetary damages for his allegedly unconstitutional parole revocation and sentence be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e) until such time as the Heck conditions are met. Signed by Judge Elizabeth E Foote on 3/19/2020. (crt,Keifer, K)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
CARLOS MARTEL LYNN SMITH

CIVIL ACTION NO. 17-86-P

VERSUS

JUDGE FOOTE

AMANDA SPIVEY, 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;
IT IS ORDERED that Plaintiff's civil rights claims against the State of Louisiana,
John Bel Edwards, and James M. LeBlanc be DISMISSED WITHOUT PREJUDICE
for lack of subject matter jurisdiction and Plaintiff’s civil rights claims against the
remaining Defendants seeking monetary damages for his allegedly unconstitutional parole
revocation 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 motion for preliminary injunction
[Doc. 21], motion for leave time [Doc. 22], motion for settlement [Doc. 23], motion for
appointment of counsel [Doc. 24], and second motion for settlement [Doc. 25] be
DENIED.

THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 19th day of
March, 2020.

_____________________________________
ELIZABETH ERNY FOOTE
UNITED STATES DISTRICT COURT