United States District Court, E.D. Arkansas, Western Division
CLIFFORD LEE WHITE, JR. ADC #145996 PLAINITFF
MOSES JACKSON, III, et al. DEFENDANTS
Procedure for Filing Objections
Recommended Disposition (Recommendation) has been sent to
Judge Billy Roy Wilson. Mr. White may file written objections
to this Recommendation if he disagrees with its findings or
conclusions. Objections should be specific and should include
the factual or legal basis for your objection.
considered, objections must be received in the office of the
Court Clerk within 14 days of this Recommendation. If no
objections are filed, Judge Wilson can adopt this
Recommendation without independently reviewing the record. By
not objecting, Mr. White may waive any right to appeal
questions of fact.
Lee White, Jr., an Arkansas Department of Correction (ADC)
inmate, originally filed this civil rights lawsuit in the
Western District of Arkansas. (Docket entry #1) On the same
day, the District Court for the Western District of Arkansas
issued an Order allowing Mr. White to proceed on his claims
against CCS Staff and Nurse Smith in the Western District
(#3) and transferring Mr. White's claims against the
remaining Defendants to this Court. (Id.)
this Court granted Mr. White's motion for leave to
proceed in forma pauperis, the Clerk of Court filed
Mr. White's addendum to his original
complaint. (#6) The Court has carefully reviewed the
original complaint and the addendum.
Prison Litigation Reform Act (PLRA) requires federal courts
to screen prisoner complaints, such as Mr. White's, that
seek relief from a governmental entity, officer, or employee.
28 U.S.C. § 1915A(a). Before ordering service of
process, the Court is obliged to dismiss any claims that are
legally frivolous or malicious; that fail to state a claim
upon which relief may be granted; or that seek monetary
relief from a defendant who is immune from paying damages. 28
U.S.C. § 1915A(b).
Violation of ADC Policy
addendum to his complaint, Mr. White complains that ADC
officials violated a number of ADC policies and procedures.
Unfortunately for Mr. White, the prison's failure to
follow its own policies or procedures is not conduct that
rises to the level of a constitutional violation.
McClinton v. Arkansas Dep't of Corr., 166
Fed.Appx. 260 (8th Cir. 2006) (citing Kennedy v.
Blankenship, 100 F.3d 640, 643 (8th Cir. 1996)). The
allegations regarding Defendants' failure to abide by ADC
policies fail to state a federal claim for relief.
Failure to Process Grievances
addendum, Mr. White also complains that ADC officials
consistently failed to properly process his grievances. As
with the failure to follow prison policies, there is no right
of action based on access to a grievance procedure.
Lomholt v. Holder, 287 F.3d 683, 684 (8th Cir. 2002)
and Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir.
1993). Therefore, a prison official's ...