United States District Court, E.D. Arkansas, Pine Bluff Division
LARRY J. HAWKINS ADC #127294 PLAINTIFF
DARRYL GOLDEN, Warden, Delta Regional Unit, ADC; WENDY KELLY, Director, ADC; and DEXTER PAYNE, Assistant Director, ADC DEFENDANTS
following Recommended Disposition
(“Recommendation”) has been sent to United States
District Judge James M. Moody Jr. 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 Moody 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
Larry J. Hawkins (“Hawkins”) filed this pro
se § 1983 action alleging that, while he was a
prisoner in the Delta Regional Unit (“DRU”) of
the Arkansas Department of Correction (“ADC”),
Defendants Warden Darryl Golden (“Golden”), ADC
Director Wendy Kelly (“Kelly”), and Assistant
Director Dexter Payne (“Payne”) violated his
constitutional rights. Doc. 2.
have filed a Motion to Dismiss and a Brief in Support.
Docs. 11 & 12. Although notified of his right to
file a Response, Hawkins has not done so. See Doc.
14. Thus, the issues are joined and ready for
relevant facts, as pled by Hawkins, are as
January 2018, when Hawkins entered the ADC, he placed four
prisoners on his enemy alert list. Doc. 2 at 3.
July 2018, he was incarcerated at the ADC's DRU, where
Golden was the warden.
July 2, 2018, Golden transferred Hawkins to the ADC's
Tucker Unit. Doc. 2 at 3; Doc. 4 at 3-4.
of the inmates on Hawkins's enemy alert list was
incarcerated at the Tucker Unit. Before Hawkins arrived at
the Tucker Unit, he told non-party Captain Williams, who
worked at DRU, that a prisoner at the Tucker Unit was listed
on his enemy alert list. Doc. 2 at 3; Doc. 4 at 3-4.
July 3, 2018, Hawkins was taken back to the DRU. Doc. 4
September 4, 2018, Golden temporarily transferred Hawkins to
the Tucker Unit to attend a “Therapeutic
Community” (“TC”) program. Doc. 2 at
3-4; Doc. 4 at 3-4.
Before arriving at the Tucker Unit, Hawkins informed two
non-party officers at DRU that a prisoner at the Tucker Unit
was listed on his enemy alert list. Doc. 2 at 3-4.
After a short stay at the Tucker Unit, Hawkins returned to
Golden, Payne and Kelly rejected Hawkins's grievances
complaining that he was transferred, on two separate
occasions, to the Tucker Unit, ...