Opinion
Civil Action 23-00547-BAJ-SDJ
10-20-2023
SPENCER WILL HENRY #344747 v. STATE OF LOUISIANA
RULING AND ORDER
BRIANA. JACKSON, UNITED STATES DISTRICT COURT JUDGE.
Plaintiff, an inmate confined at the Louisiana State Penitentiary (LSP), pursues a civil rights action under 42 U.S.C. § 1983, alleging that his constitutional rights of due process and equal protection are violated by his continuing confinement following his conviction for second degree murder by a non-unanimous jury. (Doc. 1). Pursuant to the screening provisions of 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, the Magistrate Judge has now issued a Report and Recommendation (Doc. 5, the “Report”), recommending that Plaintiff's federal constitutional claims be dismissed with prejudice for failure to state a claim because the relief Plaintiff seeks-release from prison-can only be obtained in a habeas corpus proceeding. The Report further recommends that the Court decline to exercise supplemental jurisdiction over Plaintiff's potential state law claims, to the extent any such claims exist. (Id.). Plaintiff objects to the Report. (Doc. 5)
Upon de novo review, and having carefully considered the Plaintiff's Complaint, the Report, and Plaintiff's objections, the Court APPROVES the Report and ADOPTS it as the Court's opinion in this matter.
Accordingly,
IT IS ORDERED that Plaintiff's federal constitutional claims be and are hereby DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e) and 1915A for failure to state a claim upon which relief may be granted.
IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over Plaintiff's potential state law claims.
Judgment shall issue separately.