Davis v. Shreveport et al

Filing 72

JUDGMENT adopting 64 Report and Recommendations; denying 67 Motion for Writ of Mandamus, dismissing Plaintiff's civil rights claim with prejudice. Signed by Judge Elizabeth E Foote on 3/17/2021. (crt,McDonnell, D)

Case 5:17-cv-00531-EEF-MLH Document 72 Filed 03/17/21 Page 1 of 2 PageID #: 877

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
DENNIS RAY DAVIS, JR.

CIVIL ACTION NO. 17-531-P

VERSUS

JUDGE FOOTE

SHREVEPORT POLICE
DEPARTMENT, 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 Plaintiff’s motion for a “Writ of Mandamus [and] Demand
for Jury-Trial on Triable Issue of False Imprisonment,” and determining that the findings
are correct under the applicable law;
IT IS ORDERED that Plaintiff’s civil rights claims seeking monetary damages for
his allegedly unconstitutional convictions, sentences, and revocations 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 remaining civil rights
claims be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e). IT
IS FURTHER ORDERED that this action—insofar as it seeks the dismissal of the
criminal convictions, sentences, revocations and his immediate release—be DISMISSED
for failing to state a claim for which relief may be granted pursuant to Section 1983. The
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Case 5:17-cv-00531-EEF-MLH Document 72 Filed 03/17/21 Page 2 of 2 PageID #: 878

Court construes Plaintiff’s motion for a “Writ of Mandamus [and] Demand for Jury-Trial
on Triable Issue of False Imprisonment” [Record Document 67] as an objection to the
Report and Recommendation and DENIES the motion for the reasons it adopts the Report
and Recommendation.
THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this
17th
____ day of March, 2021.

_____________________________________
ELIZABETH ERNY FOOTE
UNITED STATES DISTRICT JUDGE

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