Pellegrin v. Brewster

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
RYAN SCOTT PELLEGRIN
VERSUS
CIVIL ACTION
NO. 26-391
JESSICA JENKINS BREWSTER 	SECTION: “J”(1)
ORDER
Before the Court is a Report and Recommendation of the United States
Magistrate Judge (Rec. Doc. 4) and a Motion for Leave to Amend Complaint and/or
Objection to Report and Recommendation (Rec. Doc. 5) filed by pro se Plaintiff Ryan
Scott Pellegrin. After considering the Report and Recommendation, the Motion and
Objection, the record, and the applicable law, the Court OVERRULES Plaintiff’s
Objection, APPROVES and ADOPTS the magistrate judge’s Report and
Recommendation, and DENIES Plaintiff’s Motion.
In his complaint, Plaintiff alleges that Defendant Jessica Jenkins Brewster
violated his federal civil rights in her capacity as the Clerk of Court because she failed
to submit certain records to the Louisiana First Circuit Court of Appeals. (Rec. Doc.
1, at 3). Plaintiff seeks damages and an injunction “ordering the Clerk of Court to
follow the law.” Id. at 4.
In her report and recommendation, the magistrate judge recommends that
Plaintiff’s claim should be dismissed because “his federal civil rights claims are
frivolous, fail to state a claim upon which relief can be granted, and/or seek monetary
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relief from a defendant who is immune from such relief.” (Rec. Doc. 4, at 3). Plaintiff
then filed a Motion for Leave to Amend Complaint and/or Objection to Report and
Recommendation. (Rec. Doc. 5). In the filing, Plaintiff seeks leave to amend his
complaint to remove his request for monetary relief and only seek an injunction
against the Clerk of Court.
When an action is filed in forma pauperis, like this one, federal law mandates
the court to dismiss a case if at any time the court determines that the action “(i) is
frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii)
seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C.
§ 1915(e)(2)(B). The magistrate judge found that Plaintiff’s case should be dismissed
for all three of these reasons. After review of Plaintiff’s complaint, the Court agrees
with this finding. In seeking leave to amend, Plaintiff fails to address both the
frivolity of his complaint and his failure to state a claim upon which relief should be
granted. Plaintiff’s case, therefore, must be dismissed.
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Accordingly,
IT IS HEREBY ORDERED that Plaintiff Ryan Scott Pellegrin’s Objection
(Rec. Doc. 5) is OVERRULED, and that the Magistrate Judge’s Report and
Recommendation (Rec. Doc. 4) is APPROVED and ADOPTED as the Court’s
opinion.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Amend his Complaint
(Rec. Doc. 5) is DENIED, and that this case be DISMISSED with prejudice.
New Orleans, Louisiana this 25th day of March, 2026.
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE
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