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Hawkins v. Golden

United States District Court, E.D. Arkansas, Pine Bluff Division

August 8, 2019

LARRY J. HAWKINS ADC #127294 PLAINTIFF
v.
DARRYL GOLDEN, Warden, Delta Regional Unit, ADC; WENDY KELLY, Director, ADC; and DEXTER PAYNE, Assistant Director, ADC DEFENDANTS

          RECOMMENDED DISPOSITION

         The 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 fact.

         I. Introduction

         Plaintiff 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.

         Defendants 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 disposition.

         The relevant facts, as pled by Hawkins, are as follows:[1]

         1. In January 2018, when Hawkins entered the ADC, he placed four prisoners on his enemy alert list. Doc. 2 at 3.

         2. In July 2018, he was incarcerated at the ADC's DRU, where Golden was the warden.

         3. On July 2, 2018, Golden transferred Hawkins to the ADC's Tucker Unit. Doc. 2 at 3; Doc. 4 at 3-4.

         4. One 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.

         5. On July 3, 2018, Hawkins was taken back to the DRU. Doc. 4 at 4.

         6. On 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.

         7. 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.

         8. After a short stay at the Tucker Unit, Hawkins returned to the DRU.[2]

         9. Golden, Payne and Kelly rejected Hawkins's grievances complaining that he was transferred, on two separate occasions, to the Tucker Unit, ...


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