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