LaCour v. Johnson et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DARIAS T. LaCOUR,
(TDCJ # 02143625)
Plaintiff,
vs.
ROBERT JOHNSON, et al.,
Defendants.
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§ 	CIVIL ACTION NO. H-26-2366
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MEMORANDUM OPINION AND ORDER
On September 15, 2025, the Court received a letter from state inmate Darias
T. Lacour, (TDCJ # 02143625), in which he claimed that evidence or property was
missing from his state-court criminal case in Harris County Cause Number 1471654.
See Lacour v. Gonzalez, et al., Civil No. 25-cv-4381 (S.D. Tex), at Dkt. I. Lacour
alleges that he has attempted to address the issue with Harris County Sheriff Ed
Gonzalez, Harris County District Clerk Marilyn Burgess, City of Houston Mayor
John Whitmire, and Department of Legal Services Director Edward A. Thomas. Id.
at Dkt. 1. As relief, Lacour sought to have this Court help him locate the missing
evidence. Id. at Dkt. 1, p. 2.
The Court construed Lacour' s letter as an attempt to file a civil-rights action
under 42 U.S.C. § 1983, and it ordered him to file an amended complaint on the
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United States District Court
Southern District of Texas
ENTERED
April 03, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-02366 Document 4 Filed 04/02/26 in TXSD Page 1 of 3

proper form and either pay the filing fee or file a properly supported motion to
proceed informa pauperis. Id. at Dkt. 4. 	On December 19, 2025, LaCour filed his
amended complaint. 	Id. at Dkt. 15. 	He also filed a motion to proceed in forma
pauperis, which was denied because it did not include a certified copy of his inmate
trust fund account. Id. at Dkts. 14, 16, 17. LaCour subsequently paid a substantial
portion of the filing fee. 	The action remains pending, while judicial screening is
being conducted under 28 U.S.C. § 1915A.
On March 19, 2026, the Court received another letter from Lacour relating to
the loss or theft of record evidence. 	See LaCour v. Johnson, Civil No. 26-cv-2366
(S.D. Tex.), at Dkt 1. 	This letter also relates to allegedly missing evidence from
LaCour's trial, but he now seeks to add claims against the Honorable Robert
Johnson, who was the trial-court judge, Assistant District Attorney Erica Robinson,
and Lead Attorney Stephany Urrea. 	(Id. 	at 1). 	LaCour alleges that there are
documents missing from his case file and that portions of the trial transcript are
missing. (Id. at 1-2). Attached to the letter are documents relating to claims Lacour
•has filed in Harris County to attempt to recover evidence that was used at trial. 	(Id.
at 3-4 ). 	As relief, Lacour seeks recovery of the missing evidence so that he can
pursue an action to reverse his conviction. (Id. at 2).
It appears from a review of the existing case and the new letter that Lacour
did not intend to file a new action but instead intended to expand on the allegations
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and defendants identified in Civil No. 25-cv-4381. 	Because the present case
duplicates another previously filed proceeding, the Court will dismiss this case as a
duplicate without prejudice to consideration ofLaCour's claims in Civil No. 25-cv-
4381.
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Accordingly, the Court ORDERS as follows:
1. LaCour's 	complaint, 	(Dkt. 	1), 	is 	DISMISSED 	without 	prejudice 	to
consideration of his claims in Civil No. 25-cv-4381.
2. 	This action is CLOSED as improvidently opened as a duplicate case.
3. 	The Clerk must transfer all pleadings and motions filed in this action and refile
them in Civil No. 25-cv-4381.
4. Any pending motions are DENIED without prejudice to being reconsidered
in Civil No. 25-cv-4381.
The Clerk will provide a copy of this Order of Dismissal to the plaintiff.
SIGNED at Houston, Texas on---~~----~------·' 2026.
~{{Ji;; 	~_DAVIDHITTNER
UNITED STATES DISTRICT JUDGE
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