United States District Court, E.D. Arkansas, Pine Bluff Division
ROBERT LEE JOHNSON, JR. ADC #100626 PLAINTIFF
v.
ASA HUTCHINSON, Governor, Arkansas, 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 Billy Roy Wilson. 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
Robert
Lee Johnson, Jr. (“Plaintiff”) is incarcerated at
the Pine Bluff Unit of the Arkansas Department of Correction
and filed this action pro se pursuant to 42 U.S.C.
§ 1983. (Doc. No. 2.) He sued Arkansas Governor As a
Hutchinson, Arkansas Department of Correction Director Wendy
Kelley, Pine Bluff Unit Warden Gaylon Lay, Mailroom
Supervisor H. Hancock, and Sergeants Shelton and Gaddies.
(Id. at 1-2.) Plaintiff alleges Defendants Shelton
and Gaddies changed the postage-prepaid envelope in which
Plaintiff put his legal mail to a regular envelope, resulting
in extra postage costs to Plaintiff. (Id. at 5.)
Plaintiff brought the discrepancy to the attention of prison
officials, who “tried reimbursing [Plaintiff] and still
made a mistake [be]cause [Plaintiff] should have been charged
.11¢ instead of .68¢ and should have gotten
.57¢ returned . . . .” (Id.) While he
makes no specific allegations against Defendant Hancock,
Plaintiff asserts mailroom personnel must have been aware of
the Sergeants' deception. (Id.) He also asserts
that Defendants Warden Lay and Director Kelley have denied
his complaints on this matter as frivolous, and that
Defendant Governor Hutchinson is responsible because he hired
Defendant Kelley. (Doc. No. 2, at 5.) Plaintiff seeks damages
and asks that “the main 3 individuals” be charged
with mail tampering. (Id. at 6.) After careful
review of Plaintiff's Complaint (Doc. No. 2), I find it
should be dismissed without prejudice for failure to state a
claim upon which relief may be granted.
II.
SCREENING
The
Prison Litigation Reform Act (“PLRA”) requires
federal courts to screen prisoner complaints seeking relief
against a governmental entity, officer, or employee. 28
U.S.C. § 1915A(a). The Court must dismiss a complaint or
portion thereof if the prisoner has raised claims that (a)
are legally frivolous or malicious; (b) fail to state a claim
upon which relief may be ...