United States District Court, E.D. Arkansas, Pine Bluff Division
Ford, Plaintiff, Pro Se.
DEERE, Magistrate Judge
Procedures for Filing Objections:
Recommended Disposition ("Recommendation") has been
sent to Judge Billy Roy Wilson. You may file written
objections to this Recommendation. If you file objections,
they must be specific and must include the factual or legal
basis for your objection. Your objections must be received in
the office of the United States District Court Clerk within
fourteen (14) days of this Recommendation.
objections are filed, Judge Wilson can adopt this
Recommendation without independently reviewing the record. By
not objecting, you may also waive any right to appeal
questions of fact.
Ford, an inmate in the Arkansas Department of Correction
("ADC"), filed this case pro se under 42 U.S.C. Â§
1983. (Docket entry #2) Mr. Ford's allegations relate to
a disciplinary conviction for failing to obey orders, being
out of place of assignment, and unexcused absence from work.
(#2, pp. 8-12) As a result of the disciplinary conviction,
Mr. Ford lost commissary, telephone, and visitation
privileges. He also suffered a reduction in his inmate class.
(#2, p. 11)
Ford appealed the disciplinary conviction, and the
disciplinary review officer reversed the conviction. (#2, p.
14) There was no reason given for the reversal beyond a
reference to a thorough review of the record. Mr. Ford
appealed the disciplinary conviction reversal and ADC
Director Wendy Kelly noted that the conviction was already
reversed. (#2, p. 15) Again, no reason was given for the
decision to reverse the disciplinary conviction.
likely, from reviewing the record, that the reversal was
based on the ADC's failure to follow its own policy. It
appears that the ADC either failed to write or failed to hear
the disciplinary charge within the time prescribed by ADC
courts are required to screen prisoner complaints seeking
relief against a governmental entity, officer, or employee.
28 U.S.C. Â§ 1915A(a). The Court must dismiss a complaint or
portion thereof if the prisoner's claims are frivolous,
malicious, fail to state a claim upon which relief may be
granted, or seek monetary relief from a defendant who is
immune from such relief. 28 U.S.C. Â§ 1915A(b).
state a claim under 42 U.S.C. Â§ 1983, a plaintiff must allege
that the defendant's conduct deprived him of a right,
privilege, or immunity secured by the federal Constitution or
laws of the United States. 42 U.S.C. Â§ 1983. The Court must
accept the factual allegations in the complaint as true and
hold a pro se plaintiff's pleadings "to less
stringent standards than formal pleadings drafted by
lawyers." Haines v. Kerner,404 U.S. 519,
520-21 (1972) ( per curiam ). Still, a
prisoner-plaintiff must plead facts with enough specificity
"to raise a right to relief above the speculative
level." Bell Atlantic Corp. v. Twombly, 550