Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that significantly impairs his rational understanding of the reason for his execution

No question identified. : Case: 18-20525 Document: 00514705336 Page:1 Date Filed: 10/31/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT . | No. 18-20525 | EMMANUEL ADEYINKA, Plaintiff Appellant v. HARRIS COUNTY JAIL; TEXAS GOVENOR GREG ABBOTT; STATE OF TEXAS; TEXAS DEPARTMENT OF CRIMINAL JUSTICE; SENATOR JOHN WHITMIRE; SENATOR JOAN HUFFMAN; SENATOR KONNI , BURTON; SENATOR BRANDON CREIGHTON; SENATOR SYLVIA GARCIA; SENATOR BRYAN HUGHES; SENATOR JOSE MENENDEZ; SENATOR CHARLES PERRY; SENATOR JOHN CORNYN; SENATOR TED CRUZ, Defendants Appellees Appeal from the United States District Court for the ; Southern District of Texas CLERK'S OFFICE: Under 5™ CIR. R. 42.3, the appeal is dismissed as of October 31, 2018, for want of prosecution. The appellant failed to timely file appellant's brief. Case: 18-20525 Document: 00514705336 Page: 2 Date Filed: 10/31/2018 LYLE W. CAYCE ‘ Clerk of the United States Court of Appeals for the Fifth Circuit Fa \awm Want PA ; ; By: Jann M. Wynne, Deputy Clerk ENTERED AT THE DIRECTION OF THE COURT Case 4:18-cv-01782 Document 6 Filed in TXSD on 07/13/18 Page 1 of 5 United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT {uN 17.2018 FOR THE SOUTHERN DISTRICT OF TEXAS “ee ee HOUSTON DIVISION EMMANUEL ADEYINKA, § § Plaintiff, § . § v. § CIVIL ACTION NO. H-18-1782 3 HARRIS COUNTY JAIL, et ai., § 8 Defendants. § MEMORANDUM AND ORDER OF DISMISSAL Former inmate Emmanuel Adeyinka, also known as Emanuel Adeyinka, has filed a complaint under 42 U.S.C. § 1983, alleging that he was convicted of state court criminal charges in violation of the Constitution. He has not paid the filing fee. To the extent that Adeyinka requests leave to proceed in forma pauperis, the Court is required to scrutinize the claims and dismiss the complaint, in whole or in part, if it determines that the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be granted” or “seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). After reviewing all of the pleadings as required, the Court concludes that this case must be dismissed for the reasons discussed briefly below. Case 4:18-cv-01782 Document 6 Filed in TXSD on 07/13/18 Page 2 of 5 I. BACKGROUND Public records reflect that Adeyinka was convicted of retaliation in Harris ) County Cause No. 1522647 for threatening to harm B. Sanderson, a public servant.' After Adeyinka entered a guilty plea to those charges in the 339th District Court for Harris County, Texas, he was placed on deferred adjudication community supervision, which was later revoked, and he was sentenced to a term of two-years’ imprisonment. Adeyinka’s appeal from that conviction and sentence has been rejected. See Adeyinka v. State, No. 01-18-00312-CR, 2018 WL 3354844 (Tex. App. — Houston [1st Dist.] July 10, 2018) (per curiam). Alleging that his civil rights were violated in connection with his state court criminal proceedings, Adeyinka has filed this lawsuit against the Harris County Jail, Texas Governor Greg Abbott, the State of Texas, the Texas Department of Criminal Justice (“TDCJ’”), Senator John Whitmire, Senator Joan Huffman, Senator Konni Burton, Senator Brandon Creighton, Senator Sylvia Garcia, Senator Bryan Hughes, Senator Jose Menendez, Senator Charles Perry, Senator John Cornyn, and Senator Ted Cruz. He demands a trial by jury and monetary damages in the amount of $5. billion for his wrongful conviction.” ' See Harris County District Clerk’s Office website, located at https://www. hcdistrictclerk.com (last visited July 12, 2018). 2 See Docket Entry No. 5, at p. 1. . 2 Case 4:18-cv-01782 Document6 Filed in TXSD on 07/13/18 Page 3of5 Il. DISCUSSION As an initial matter, Adeyinka alleges no facts establishing liability on the part of any governmental entity that he names in his complaint. The Harris County Jail, as a subdivision of Harris County, is not an entity that has capacity to b