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Davis v. Shreveport Police Dep't

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION
Mar 17, 2021
CIVIL ACTION NO. 17-531-P (W.D. La. Mar. 17, 2021)

Opinion

CIVIL ACTION NO. 17-531-P

03-17-2021

DENNIS RAY DAVIS, JR. v. 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 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.

/s/ _________

ELIZABETH ERNY FOOTE

UNITED STATES DISTRICT JUDGE


Summaries of

Davis v. Shreveport Police Dep't

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION
Mar 17, 2021
CIVIL ACTION NO. 17-531-P (W.D. La. Mar. 17, 2021)
Case details for

Davis v. Shreveport Police Dep't

Case Details

Full title:DENNIS RAY DAVIS, JR. v. SHREVEPORT POLICE DEPARTMENT, ET AL.

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

Date published: Mar 17, 2021

Citations

CIVIL ACTION NO. 17-531-P (W.D. La. Mar. 17, 2021)