UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA CHARLES C,. ANDRE' (#584360) CIVIL ACTION VERSUS RUSTY MESSER NO. 22-00067-BAJ-EWD RULING AND ORDER On September 26, 2019, a federal grand jury returned an indictment charging Charles Andre’ (the plaintiff in this action) and two others with one count of conspiracy to distribute methamphetamine, and three counts of distributing methamphetamine, in the case captioned United States us. Charles Andre, et al., No. 19-cr-00124 (M.D. La.) (the “criminal action’). On November 12, 2019, the Court appointed counsel to represent Mr. Andre’ in his criminal action, and on May 19, 2022, Mr. Andre pleaded guilty to one count of conspiracy to distribute methamphetamine pursuant to the terms of a written plea agreement. Mr. Andre’s sentencing hearing is currently set for January 5, 2023. Through the course of his criminal action, Mr. Andre has raised multiple complaints regarding his representation, resulting in multiple substitutions of his court-appointed counsel. This action focuses on the performance of CJRA panel member Rusty Messer—one of Mr. Andre’s prior court-appointed attorneys—and alleges that during the course of Mr. Messer’s representation (from November 19, 2020 to March 2, 2022) Mr. Messer rendered deficient performance by failing to respond to Mr. Andre’s correspondences, failing to file motions challenging the

Government’s case, and failing to expeditiously communicate and explain the terms of a plea agreement offered by the Government. (Doc. 1 pp. 13-15). Mr. Andre’ alleges that Mr. Messer’s inattention violated his constitutional right to effective counsel and “has caused [him] an immeasurable amount of stress,” and on this basis seeks damages of $250,000 pursuant to

and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,

(1971).! On October 31, 2022, the Magistrate Judge issued a Report and Recommendation (Doc. 6, the “R&R”), recommending that Mr. Andre’s Bivens claim be dismissed as frivolous and lacking a basis in law pursuant to the screening requirements of

(e)(2)(B) and 1915A, and further recommending that the Court decline to exercise supplemental jurisdiction over Mr. Andre’s potential state law claims. The deadline to object to the R&R has long since passed, without any objection from Mr. Andre’. Upon de novo review, and having carefully considered the 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 Mr. Andre’s Bivens claim be and is hereby DISMISSED WITH PREJUDICE as frivolous and lacking a basis in law pursuant to

(e) and 1915A.

1 As indicated above, Mr. Messer no longer represents Mr. Andre’ in his criminal case, having been replaced on March 7, 2022 by new court-appointed counsel. Importantly, Mr. Messer did not represent Mr. Andre’ during the negotiations that resulted in the execution of Mr. Andre’s plea agreement on April 27, 2022, and Mr. Andre’s guilty plea on May 19, 2022.

IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over Mr. Andre’s potential state law claims. Judgement shall be entered separately. aie Baton Rouge, Louisiana, this" day of December, 2022

Q CY [| JUDGE BRIAN Af Jas KSON □ UNITED STATES.DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA