United States District Court, E.D. Arkansas, Eastern Division
FINDINGS AND RECOMMENDATION
following proposed Recommendation has been sent to Chief
United States District Judge Brian S. Miller. You may file
written objections to all or part of this Recommendation. If
you do so, those objections must: (1) specifically explain
the factual and/or legal basis for your objection, and (2) be
received by the Clerk of this Court within fourteen (14) days
of this Recommendation. By not objecting, you may waive the
right to appeal questions of fact.
record reflects that petitioner Joshua Zuniga
(“Zuniga”) was sentenced in the United States
District Court for the Middle District of Georgia to the
custody of the Federal Bureau of Prisons (“BOP”)
for a term of forty-six months. It was recommended that he
participate in the Residential Drug Abuse Program
(“RDAP”) while confined.
came to be housed at the Federal Correctional Complex in
Forrest City, Arkansas, where he participated in the RDAP.
His time in the RDAP did not go well. On several occasions,
he was counseled about his behavior. For example, an RDAP
Administrative Note reflects the following:
Mr. Zuniga was teamed by Dap staff on 10-11-2017 for a second
time for displaying manipulating behavior and continued
conflict with others. This type of behavior appears to be a
pattern with frequent negative interactions with his peers.
Dap staff reminded Mr. Zuniga that being a part of a
community takes compromise and willingness to confront and
level [sic] and avoid antagonizing others for
self-gratification. Mr. Zuniga's continued behavior will
be monitored for improvements and he will be given treatment
activities that will challenge his irrational behaviors.
See Docket Entry 14, Exhibit 4 at CM/ECF 3. Things
did not improve, and Zuniga was eventually expelled from the
RDAP. An RDAP Administrative Note reflects the following:
On January 11th 2018, Mr. Zuniga was expelled from
RDAP for using loaded words and displaying aggressive
behavior towards peers. He has had other incidents involving
this same behavior towards others while in RDAP. Mr. Zuniga
was advised to take advantage of resources and programs
offered by the institution while he awaits to re-enter the
See Id. at CM/ECF 5. An RDAP Discharge Note offers
additional details about his expulsion; the Note provides the
Inmate ZUNIGA was expelled from RDAP due to a lack of
progress in treatment, a lack of displaying the attitudes of
caring/honesty and being involved in various verbal
confrontations with other RDAP participants that could have
escalated if staff and/or his peers did not intervene.
He has been seen by the treatment team on more than one
occasion to discuss this behavior. He has demonstrated a
pattern of dishonesty, sentimentality and/or mollification
when addressed by staff and has received redirection for this
However, he has not exhibited significant improvement and his
behavior has negatively impacted other RDAP participants. He
is aware that he may reapply for RDAP in 90 days.
See Id. at CM/ECF 4. A Change in RDAP and Section
3621(e) Status form was prepared by an RDAP Coordinator on
the day of Zuniga's expulsion. In the form, the
Coordinator represents that he had the following discussion
I/M Zuniga accused of loaded words toward his peers and
displayed aggressiveness with his peers. Inmate stated,
“I may have been accused of hitting my cellmate.”
I/M denied all accusations. However, later admitted bad words
and aggressive behavior. I/M continued to minimize and lack
receptiveness to treatment as he did not believe his behavior
was an issue due to “no one ...