United States District Court, E.D. Arkansas, Eastern Division
JAMES V. WALLACE Reg #XXXXX-XXX, Petitioner,
CV. RIVERA, Warden, Federal Correctional Complex, Forrest City, Arkansas, Respondent.
V Wallace, Plaintiff, Pro Se.
Rivera, Defendant, represented by Stacey Elise McCord, U.S.
DEERE, Magistrate Judge.
Procedure for Filing Objections
following Recommended Disposition
("Recommendation") has been sent to Judge James M.
Moody Jr. Any party may file written objections to this
recommendation. Objections should be specific and should
include the factual or legal basis for the objection. If the
objection is to a factual finding, specifically identify that
finding and the evidence that supports your objection. Your
objections must be received in the office of the United
States District Court Clerk within fourteen (14) days of this
objections are filed, Judge Moody can adopt this
Recommendation without independently reviewing the record.
Failure to file timely objections may result in waiver of the
right to appeal questions of fact.
James V. Wallace filed a pro se petition for a writ of habeas
corpus under 28 U.S.C. Â§ 2241. (Docket entry #1) In his
petition, Mr. Wallace claims a disciplinary hearing officer
("DHO") enhanced his sanctions as punishment for a
disciplinary in violation of Bureau of Prisons
("BOP") policy. (#1 at p. 7)
C.V. Rivera contends that Mr. Wallace was given adequate
process through the disciplinary hearing procedure, and that
the sanctions imposed by the DHO were appropriate. For the
reasons given below, Mr. Wallace's petition for writ of
habeas corpus should be dismissed.
Wallace is currently an inmate at the BOP's Federal
Correctional Institution ("FCI-FC"), Forrest City,
Arkansas. He is serving sentences imposed under the Prison
Litigation Reform Act ("PLRA").
August 23, 2010, while an inmate at FCI-FC, Mr. Wallace
received an incident report charging him with use of
narcotics not prescribed by medical staff. (#8-1 at p. 22)
Mr. Wallace was notified of his rights regarding the
disciplinary hearing but declined to have any witnesses or a
staff representative present at the hearing. ( Id.
at p. 25)
began the September 2, 2010 hearing by advising Mr. Wallace
of his rights. ( Id. at p. 28-30) Mr. Wallace did
not request a staff representative and denied the charges. (
Id. at p. 28) During the hearing, Mr. Wallace
stated, "I try to avoid trouble and the sixteenth was my
birthday and the guy who gave it to me ratted on me." He
also stated "[t]he report is true." ( Id.
) Mr. Wallace did not present witnesses.
presented at the hearing revealed that Mr. Wallace tested
positive for opiates (morphine), and medical records verified
that he had not received any medication from medical staff
that would have caused a positive result for opiates. (
Id. ) The DHO considered Mr. Wallace's
statements at the hearing, the incident report and
investigation, the memorandum from J. ...