United States District Court, E.D. Arkansas, Jonesboro Division
BETH DEERE, Magistrate Judge.
I. Procedures for Filing Objections:
This Recommended Disposition ("Recommendation") has been sent to United States District Judge James M. Moody Jr. Mr. Smith may file written objections to this Recommendation. Objections must be specific and must include the factual or legal basis for the objection. If objections are to be considered, they must be received in the office of the United States District Court Clerk within fourteen (14) days of this Recommendation.
If no objections are filed, Judge Moody can adopt this Recommendation without independently reviewing the record. By not objecting, Mr. Smith may waive any right to appeal questions of fact.
Plaintiff Kiara Antuan Smith brings this case pro se under 42 U.S.C. sections 1981 and 1985(3) alleging: (1) the state court lacked jurisdiction to impose his state sentence; (2) while incarcerated in the Arkansas Department of Correction, he was denied sex and treatment for exhibitionism; (3) the Social Security Administration erred in denying his claim for Supplemental Security Income; and (4) a former Blytheville Police Officer should have been indicted for vehicular homicide or manslaughter in the death of his biological father. (Docket Entry #2 at pp. 1, 19-22) He also states that all Defendants conspired to violate his constitutional rights under the First, Fifth, Seventh, Eighth, Thirteenth, and Fourteenth Amendments. (#2 at p. 23) He seeks punitive damages, preliminary injunctive relief, and "15 million American dollars." (#2 at p. 15)
Mr. Smith's complaint is the latest in a long line of state and federal cases in which he made similar allegations following his July 8, 1996 guilty plea in Mississippi County Circuit Court to a charge of robbery. In a judgment and commitment order entered on the same day, the circuit court sentenced Mr. Smith to twenty years in prison. According to the judgment and commitment order, Mr. Smith was to serve ten years of his sentence, and the other ten years were suspended.
On August 15, 2006, Mr. Smith pleaded guilty to violating the terms and conditions of his suspended sentence and circuit court entered a judgment and commitment order sentencing him to 48 months in the Arkansas Department of Correction ("ADC"). Smith v. Norris, 2011 Ark. 414, 1 (2011). Mr. Smith did not file a direct appeal from the judgment.
On May 15, 2007, Mr. Smith filed a petition to correct illegal sentence with the circuit court. On September 20, 2007, the circuit court denied the Petition. On October 30, 2007, Mr. Smith filed a habeas petition with the circuit court. The circuit court denied the habeas petition on November 7, 2007. On December 3, 2007, Mr. Smith filed a petition for writ of error coram nobis in the circuit court, which the court denied on December 14, 2007. On May 27, 2008, Mr. Smith filed a second petition to correct illegal sentence. Smith v. State, 2011 Ark. 306, 1 (2011). The second petition was denied on August 21, 2008.
In 2010, Mr. Smith filed a pro se petition for writ of error coram nobis, claiming that the circuit court did not have jurisdiction to revoke the suspended sentence because the ten-year term of suspended imposition of sentence had elapsed. Smith v. State, 2011 Ark. 306, 3 (2011). The trial court denied the petition, and the Arkansas Supreme Court dismissed Mr. Smith's appeal because he could not prevail and because it appeared from the record that the sentence had been served. Id.
On August 19, 2008, Mr. Smith filed a petition for writ of habeas corpus with this Court under 28 U.S.C. § 2254, claiming, among other things, that his guilty plea was unlawful, and that he was arrested unlawfully. The Court dismissed his petition as barred by the statute of limitations set forth in the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2244(d)(1). Smith v. Norris , No. 5:08CV00232 JLH-BD, 2008 WL 4642956, at *1 (E.D. Ark. Oct. 17, 2008).
Mr. Smith filed several cases with this Court under 42 U.S.C. § 1983 while he was incarcerated. He filed a case jointly with Curtis Pitman under 42 U.S.C. § 1983, against numerous defendants, alleging that the defendants in that case violated his eighth amendment rights when they failed to provide proper mental health treatment for his "sexual addiction" disorder. Mr. Smith's claims were dismissed because they were duplicative of claims he had previously raised in Smith v. Norris et al., 5:07CV00086 WRW, which was dismissed by this Court and affirmed by the Eighth Circuit Court of Appeals in Smith v. Norris , 326 F.Appx. 406 (8th Cir. 2009), and in Smith v. Norris et al., 5:08CV00096 JLH/JFF (affirmed on appeal in Smith v. Norris et al, No. 082357 (8th Cir. 2009). Pitman v. Engstrom, No. 5:08CV00198BSM/HDY, 2008 WL 4831759, at *1 (E.D. Ark. Nov. 3, 2008).
In January, 2013, Mr. Smith appealed the Social Security Administration's denial of his application for supplemental security income. Smith v. Social Security Admin., 3:13CV00029-SWW (filed Jan. 28, 2014). This Court affirmed the Commissioner's denial of benefits after Mr. Smith failed to file his brief. Id. at docket entry #20. Mr. Smith did not appeal.
In this complaint, Mr. Smith sues the State of Arkansas, the Blytheville Police Department, the Eighth Circuit Court of Appeals, and the Social Security Administration. Judge Moody referred the ...