4:26-cv-02366•LaCour v. Johnson et al
Texte intégral
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DARIAS T. LaCOUR, (TDCJ # 02143625) Plaintiff, vs. ROBERT JOHNSON, et al., Defendants. § § § § § § CIVIL ACTION NO. H-26-2366 § § § § 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 1/ 3 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 2/ 3 Case 4:26-cv-02366 Document 4 Filed 04/02/26 in TXSD Page 2 of 3
\
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.
3/ 3
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
Case 4:26-cv-02366 Document 4 Filed 04/02/26 in TXSD Page 3 of 3Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.