United States District Court, E.D. Arkansas, Northern Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JOE J.
VOLPE, UNITED STATES MAGISTRATE JUDGE
INSTRUCTIONS
The
following recommended disposition has been sent to United
States District Judge James M. Moody, Jr. Any party may serve
and file written objections to this recommendation.
Objections should be specific and should include the factual
or legal basis for the objection. If the objection is to a
factual finding, specifically identify that finding and the
evidence that supports your objection. An original and one
copy of your objections must be received in the office of the
United States District Court Clerk no later than fourteen
(14) days from the date of the findings and recommendations.
The copy will be furnished to the opposing party. Failure to
file timely objections may result in waiver of the right to
appeal questions of fact.
If you
are objecting to the recommendation and also desire to submit
new, different, or additional evidence, and to have a hearing
for this purpose before the District Judge, you must, at the
same time that you file your written objections, include the
following:
1. Why the record made before the Magistrate Judge is
inadequate.
2. Why the evidence proffered at the hearing (if such a
hearing is granted) was not offered at the hearing before the
Magistrate Judge.
3. The details of any testimony desired to be introduced at
the new hearing in the form of an offer of proof, and a copy,
or the original, of any documentary or other non-testimonial
evidence desired to be introduced at the new hearing.
From
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing. Mail your
objections and “Statement of Necessity” to:
Clerk, United States District Court
Eastern District of Arkansas
600 West Capitol Avenue, Suite A149
Little Rock, AR 72201-3325
DISPOSITION
I.
INTRODUCTION
Adam
Hill (“Plaintiff”) was a prisoner in the custody
of the Arkansas Department of Correction (“ADC”)
when he commenced this pro se action pursuant to 42
U.S.C. § 1983. (Doc. No. 2). He was recently released
from prison. (Doc. No. 225.) Plaintiff's remaining claims
are that, while he was in the Ester Unit from April to August
2018, Defendants ADC Director Wendy Kelley, ADC Deputy
Director Dexter Payne, Deputy Warden Michelle Gray,
Lieutenant Ricky Brooks, and Correctional Officer Lolita
Shepard retaliated against him in four different ways for
filing a lawsuit and numerous prison
grievances.[1] (Doc. No. 34.) In particular, Plaintiff
says he was retaliated against when: (1) Defendant Brooks
refused to sign a grievance on June 22, 2018; (2) Defendants
Brooks and Shepard searched his cell later that day; (3)
Defendant Brooks denied him kiosk call on July 8, 2018; and
(4) Defendants Kelley, Payne, and Gray transferred him on
August 29, 2018. (Id.) Plaintiff brings these
retaliation claims against Defendants in both their
individual and personal capacities. (Id.) And, he
seeks damages as well as injunctive relief. (Id.)
Plaintiff
has filed a Motion for Partial Summary Judgment on his
retaliation claim against Defendant Gray. (Doc. Nos. 228;
229; 230; 231.) Defendant Gray has filed a Response. (Doc.
Nos. 241; 242; 243.) Defendants Gray, Kelley, Payne, Brooks,
and Shepard have filed a Motion for Summary Judgment on all
retaliation claims raised against them. (Doc. Nos. 238; 239;
240). Plaintiff has not filed a Response, and the time to do
so has expired. After careful consideration and for the
following reasons, I conclude Plaintiff's Motion for
Partial Summary Judgment should be DENIED, Defendants'
Motion for Summary Judgment should be GRANTED, and
Plaintiff's retaliation claims against all remaining
Defendants should be DISMISSED WITH PREJUDICE.
II.
SUMMARY ...