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Ellis v. Banister

United States District Court, E.D. Arkansas, Pine Bluff Division

November 22, 2017

TYRONE ELLIS ADC #149250 PLAINTIFF
v.
TERRIE L. BANISTER, Hearing Officer, ADC; et al. DEFENDANTS

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE, UNITED STATES MAGISTRATE JUDGE

         INSTRUCTIONS

         The following recommended disposition has been sent to United States District Judge J. Leon Holmes. Any party may serve and 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. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.

         If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The details of any testimony desired to be introduced at the new hearing in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the new hearing.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and “Statement of Necessity” to:

Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325

         DISPOSITION

         I. INTRODUCTION

         Tyrone Ellis (“Plaintiff”) is incarcerated at the East Arkansas Regional Unit of the Arkansas Department of Correction (“ADC”) and filed this action pro se pursuant to 42 U.S.C. § 1983. (Doc. No. 2.) He alleges Defendant Terrie L. Banister, an ADC Hearing Officer, violated his Eighth and Fourteenth Amendment rights by failing to find his statement credible and sentencing him to thirty days in punitive isolation for a disciplinary violation. (Id. at 4.) He further alleges Defendant Gaylon Lay, Warden at the East Arkansas Regional Unit, and Defendant Raymond Naylor, the ADC's Disciplinary Hearing Administrator, violated his rights by affirming the guilty finding.[1] (Id. at 5.) Plaintiff alleges the thirty days in punitive isolation constituted an atypical and significant hardship. (Id. at 4-5.) He seeks damages in the amount of $500, 000 from each Defendant and a transfer to another unit of the ADC. (Id. at 6.)

         After careful review of Plaintiff's Complaint, I find it should be dismissed without prejudice for failure to state a claim upon which relief may be granted.

         II. ...


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