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Wallace v. Rivera

United States District Court, E.D. Arkansas, Eastern Division

July 25, 2016

JAMES V. WALLACE Reg #XXXXX-XXX, Petitioner,
v.
CV. RIVERA, Warden, Federal Correctional Complex, Forrest City, Arkansas, Respondent.

          James V Wallace, Plaintiff, Pro Se.

          C V Rivera, Defendant, represented by Stacey Elise McCord, U.S. Attorney's Office.

          RECOMMENDED DISPOSITION

          BETH DEERE, Magistrate Judge.

         I. Procedure for Filing Objections

         The 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 Recommendation.

         If no 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.

         II. Introduction

         Petitioner James V. Wallace filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 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)

         Respondent 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.

         III. Background

         Mr. 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").

         On 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)

         The DHO 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.

         Evidence 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. ...


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