James v. Thomas

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CHARLEY JAMES, CIVIL ACTION
VERSUS 	NO. 25-2374
CAROLYN THOMAS, ET AL. 	SECTION “H”(1)
ORDER
The Court, having considered the Complaint, the record, the applicable
law, the Report and Recommendation of the United States Magistrate Judge,
and the Supplemental Report and Recommendation, hereby approves the
Report 	and 	Recommendation 	of 	the 	United 	States 	Magistrate 	Judge, 	as
supplemented, and adopts it as its opinion in this matter.1
Therefore,
IT IS THEREFORE ORDERED that Charley James’s federal civil
rights claims against defendants Carolyn Thomas and Mrs. Ellington are
DISMISSED pursuant to 28 U.S.C. § 1915, § 1915(e), § 1915A, and 42 U.S.C.
§ 1997e as frivolous and otherwise for failure to state a claim for which relief
can be granted.
ALTERNATIVELY, 	it 	is 	ORDERED 	that 	the 	claims 	against
1 	Plaintiff 	filed 	Objections 	to 	the 	Magistrate 	Judge’s 	Supplemental 	Report 	and
Recommendation. Doc. 11. However, the Court notes that the issues raised in Plaintiff’s
Objections are also—and more properly—raised in Plaintiff’s related habeas corpus action
pursuant to 28 U.S.C. § 2241, which is also pending before this Court. See Charley James v.
Carolyn Thomas, No. 26-140 (E.D. La. filed March 2, 2026).
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defendants 	Thomas 	and 	Ellington 	in 	their 	individual 	capacities 	are
DISMISSED to their being asserted until the Heck conditions are met.
ALTERNATIVELY, it is ORDERED the claims against defendants
Thomas and Ellington in their official capacities are DISMISSED WITHOUT
PREJUDICE on the basis of Eleventh Amendment immunity.
New Orleans, Louisiana, this 12th day of March 2026.
__________________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE
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