United States District Court, E.D. Arkansas, Western Division
PARNELL R. MAY PLAINTIFF
SHEPHERD, Lieutenant, Pulaski County Sheriff's Office, et al. DEFENDANTS
following Recommended Disposition
(“Recommendation”) has been sent to United States
District Judge Billy Roy Wilson. 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 the date of this Recommendation. If you do not file
objections, Judge Wilson can adopt this Recommendation
without independently reviewing all of the evidence in the
record. By not objecting, you may waive the right to appeal
questions of fact.
Parnell R. May (“May”) is a pretrial detainee at
the Pulaski County Regional Detention Facility
(“PCRDF”). He has filed a pro se §
1983 action alleging that Defendants violated his
constitutional rights. Doc. 2. Before May may
proceed with this case, the Court must screen his
February 13, 2019, May filed this Complaint alleging that
Defendants Lieutenant Shepherd, Chief of Detention R.M.
Sylvester, and Chief of Detention James Hendricks violated
his constitutional rights by improperly housing him in
administrative segregation, from December 4, 2016 through
February 4, 2019. According to May, Defendants did so because
he refused to take a tuberculosis test due to religious
reasons. As a result of being placed in administrative
segregation, May alleges that: (1) his access to the legal
library has been restricted because he is on 23-hour
lockdown; and (2) he has been exposed to sexual harassment on
two occasions, which have not been fully investigated and
addressed. Doc. 2.
Court's records show that this is the second
§ 1983 action that May has filed about these same
issues. On September 17, 2018, he filed a § 1983 action
alleging: (1) he had been improperly housed in administrative
segregation for two years, beginning December 4, 2016,
because he refused to take a tuberculosis test; (2) he had
been exposed to two occasions of sexual harassment while in
administrative segregation; and (3) he was being denied
adequate access to the law library and legal materials.
See May v. Holladay, No. 4:18cv00681-JM-JTK,
docs. 1, 5, 8 & 11-1 (complaint and amended
complaints); docs. 10 & & 30 (summarizing
May's claims). That case is still pending, with deadlines
set for conducting discovery and filing dispositive motions.
Id., doc. 24. Although May names different PCRDF
officials as Defendants,  the substance of his claims in No.
4:18cv00681-JM-JTK is virtually the same as the claims raised
in this action (No. 4:19cv00117-BRW-JTR).
cannot bring identical claims in two separate cases. A Court
may dismiss a prisoner's § 1983 action, upon §
1915A screening, if it is duplicative of a previously filed
claim. See Gearheart v. Sarrazine, 553 Fed.Appx.
659, 659-60 (8th Cir. 2014) (affirming preservice dismissal
of prisoner's claims that were duplicative of those in
another pending action); Aziz v. Burrow, 976 F.2d
1158, 1158-59 (8th Cir. 1992) (affirming dismissal of
“duplicative complaint raising issues directly related
to issues in another pending action brought by the same
the Court recommends that this case be dismissed, without
prejudice, as raising claims that are duplicative of those
that are pending in May v. Holladay, No.
THEREFORE RECOMMENDED THAT:
May's Complaint (Doc. 2) be DISMISSED, WITHOUT
Court CERTIFY, pursuant to 28 U.S.C. § 1915(a)(3), that
an in forma pauperis appeal from any Order adopting
this Recommendation would not be taken in good faith.