Smith v. Thibodaux Police Department et al
| Aljyross Laure Smith |
| Thibodaux Police Department, John LeBlanc and Lafourche Parish District Attorney's Office |
| 2:2021cv00947 |
| May 13, 2021 |
| US District Court for the Eastern District of Louisiana |
| Carl Barbier |
| Michael North |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on July 8, 2021. A more recent docket listing may be available from PACER.
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Filing 11
JUDGMENT - The Court, having considered the complaint, the record, the applicable law, and for the written reasons assigned; IT IS ORDERED, ADJUDGED, AND DECREED that there is judgment in favor of Defendants and against Plaintiff, dismissing Plaintiff's petition for habeas corpus without prejudice and his 42 U.S.C. 1983 claims with prejudice. Signed by Judge Carl Barbier on 8/8/21.(cg)
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Filing 10
ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Extension of Time (Rec. Doc. 8) and Motion to Amend the Complaint (Rec. Doc. 9) are DENIED. IT IS FURTHER ORDERED that Plaintiff's complaint, insofar as it can be construed as a request for habeas corpus relief, is dismissed without prejudice for failure to exhaust available state court remedies. Plaintiff may refile his complaint after exhausting state court remedies. IT IS FURTHER ORDERED that Plaintiff's 1983 claims against the named Defendants are dismissed for failing to state a claim upon which relief can be granted pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), 1915A(b)(1) and 42 U.S.C. 1997e(c)(1). Signed by Judge Carl Barbier on 7/8/21.(cg)
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| Filing 9 EXPARTE/CONSENT MOTION to Amend #4 Complaint by Aljyross Laure Smith. (Attachments: #1 Proposed Pleading, #2 Proposed Exhibit, #3 Cover Letter)(sdp) |
| Filing 8 EXPARTE/CONSENT MOTION for Extension of Time by Aljyross Laure Smith. (Attachments: #1 Cover Letter)(sdp) |
| Filing 7 REPORT AND RECOMMENDATION re #4 Complaint filed by Aljyross Laure Smith. IT IS RECOMMENDED that Plaintiff's complaint, insofar as it can be construed as a request for habeas corpus relief, be dismissed without prejudice for failure to exhaust available state court remedies. IT IS FURTHER RECOMMENDED that Plaintiff's 1983 claims against the named Defendants be dismissed as frivolous and for failing to state a claim upon which relief can be granted. Objections to R&R due by 6/22/2021. Signed by Magistrate Judge Michael North on 6/8/2021.(jls) |
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Filing 6
PAUPER ORDER GRANTING #5 MOTION for Leave to Proceed in forma pauperis with a partial payment of $5.24 and directing the remainder of filing fee be made from Prisoner Account as to Aljyross Laure Smith in monthly payments as set out in document. The Clerk is directed to withhold issuance of summons until further order of the Court. Signed by Magistrate Judge Michael North on 6/4/2021.(jls) (NEF: Financial, cc: Sheriff)
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| Filing 5 EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Aljyross Laure Smith. Motion(s) referred to Michael North. (cg) |
| Filing 4 COMPLAINT against Lafourche Parish District Attorney's Office, John LeBlanc, Thibodaux Police Department filed by Aljyross Laure Smith. (Attachments: #1 Original Complaint, #2 Civil Cover Sheet)(cg) |
| Filing 3 NOTICE OF DEFICIENT ProSe COMPLAINT: re #2 Motion for Leave to Proceed in forma pauperis, #1 Complaint. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 6/7/2021. (lt) |
| Filing 2 DEFICIENT: EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Aljyross Laure Smith. Motion(s) referred to Michael North. (lt) |
| Filing 1 DEFICIENT: COMPLAINT against Lafourche Parish District Attorney's Office, John LeBlanc, Thibodaux Police Department filed by Aljyross Laure Smith. (Attachments: #1 Civil Cover Sheet)(lt) |
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