Moran v. LeBlanc et al

Filing 29

JUDGMENT adopting 27 Report and Recommendations re 1 Complaint and 13 Amended Complaint filed by Quinten M Moran. Plaintiff's claims are dismissed. Signed by Judge Elizabeth E Foote on 11/20/2020. (crt,Keifer, K)

Case 5:17-cv-01254-EEF-MLH Document 29 Filed 11/20/20 Page 1 of 2 PageID #: 172

UNITED STATES DISTRICT JUDGE
FOR THE WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
QUINTEN M. MORAN

CIVIL ACTION NO. 17-1254-P

VERSUS

JUDGE FOOTE

JAMES M. 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;
IT IS ORDERED that Plaintiff's civil rights claims seeking monetary, declaratory,
and injunctive relief for his allegedly unconstitutional disciplinary board convictions and
sentences 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 his
civil rights claims regarding false disciplinary reports, denial of due process, verbal threats
and harassment, property, classification, the administrative remedy procedure, and
conditions of confinement be DISMISSED WITH PREJUDICE as frivolous under 28
U.S.C. § 1915(e).
Plaintiff objects to the Report and Recommendation on the grounds that it does not
address his claim that the actions he alleges in his complaint were undertaken by prison
officials as “retaliatory punishment for opposing the mistreatment of other prisoners.”

Case 5:17-cv-01254-EEF-MLH Document 29 Filed 11/20/20 Page 2 of 2 PageID #: 173

Record Document 28 at 3. To state a claim for retaliation under 42 U.S.C. § 1983, a Plaintiff
must allege retaliation for the exercise of a constitutional right. Woods v. Smith, 60 F.3d
1161, 1165 (5th Cir. 1995). In this case, Plaintiff has not identified a constitutional right he
was exercising that led to the alleged retaliation and, therefore, he has not stated a
cognizable retaliation claim.
THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 20th
day of November, 2020.

______________________________________
ELIZABETH ERNY FOOTE
UNITED STATES DISTRICT JUDGE