Opinion
No. 10-31133 Summary Calendar.
May 18, 2011.
Nicolo E. Logiudice, Jr., Metairie, LA, pro se.
Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:10-CV-3213.
Before DAVIS, SMITH and SOUTHWICK, Circuit Judges.
Nicolo E. Logiudice, Jr., filed a pro se, in forma pauperis (IFP) 42 U.S.C. § 1983: suit alleging that he received various mistreatments during his incarceration in three different correctional centers. He argues, inter alia, that the district court erred by dismissing his complaint on grounds he had named as defendants only improper institutional defendants when, in his objections to the magistrate judge's: report, he sought to amend his complaint to name various individuals as defendants.
When, as here, a district court dismisses an IFP claim pursuant to 28 U.S.C. § 1915(e)(2)(B) both as frivolous and for failure to state a claim upon which relief may be granted, we conduct a de novo review using the same standard of review applicable to Federal Rule of Civil Procedure 12(b)(6) dismissals. See Geiger v. Jowers, 404 F.3d 371, 373 (5th Cir. 2005); Harris v. Hegmann, 198 F.3d 153, 156 (5th Cir. 1999). This court reviews the denial of a motion for leave to amend for abuse of discretion. United States v. Riascos, 76 F.3d 93, 94 (5th Cir. 1996).
Because Logiudice's objections to the magistrate judge's report, taken together with his initial complaint, clearly advised the district court that he sought to amend his complaint to name several individuals as defendants, the district court abused its discretion by denying Logiudice the opportunity to amend. See Riascos, 76 F.3d at 94-95. Accordingly, we VACATE the judgment of the district court and REMAND for further proceedings consistent with this opinion. In so doing, we express no opinion as to the ultimate merit of Logiudice's claims.