Opinion
Civil Action 20-00449-BAJ-EWD
01-27-2022
MICHAEL JEROME STEVENSON, JR. (#1100109480) v. STATE OF LOUISIANA, ET AL.
RULING AND ORDER
BRIAN A. JACKSON UNITED STATES DISTRICT COURT JUDGE
Before the Court is Plaintiffs pro se Complaint (Doc. 1). Plaintiff, a pre-trial detainee housed in the East Baton Rouge Parish Prison complains of his conditions of confinement. Specifically, Plaintiff asserts that his Fourteenth Amendment right to be free from “punishment” prior to his conviction for any offense is violated by the presence of black mold, COVID-19, and fluctuating temperatures at the Parish Prison. (Doc. 1 at 4-10).
Plaintiff is proceeding in forma pauperis. (Docs. 4, 5). Pursuant to the screening requirements of 28 U.S.C. §§ 1915(e) and 1915A, the Magistrate Judge has issued a Report and Recommendation (Doc. 6), recommending that Plaintiffs federal claims be dismissed with prejudice as frivolous because the prison conditions Plaintiff complains of do not rise to the level of a constitutional violation. The Magistrate Judge further recommends that the Court decline to exercise supplemental jurisdiction over any potential state law claims. Plaintiff does not object to the Magistrate Judge's Report and Recommendation.
Having carefully considered Plaintiffs Complaint and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that Plaintiffs federal claims be and are hereby DISMISSED WITH PREJUDICE, for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. §§ 1915(e) and 1915A.
IT IS FURTHER ORDERED that the Court declines the exercise of supplemental jurisdiction over any potential state law claims.
A judgment will issue separately.