United States District Court, E.D. Arkansas, Eastern Division
DENNIS R. DERX ADC #162003 PLAINTIFF
ALVIN D. YANCEY, Chaplain, East Arkansas Regional Max Unit; et al. DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE UNITED STATES MAGISTRATE JUDGE.
following recommended disposition has been sent to Chief
United States District Judge D.P. Marshall 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.
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
1. Why the record made before the Magistrate Judge is
2. Why the evidence proffered at the hearing (if such a
hearing is granted) was not offered at the hearing before the
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.
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
R. Derx (“Plaintiff”) is a prisoner in the
Arkansas Department of Correction. In this pro se
action, he alleges Chaplains Alvin D. Yancey, Albert
McKinney, and Arlen Parham violated the First Amendment, as
protected by 42 U.S.C. § 1983, and the Religious Land
Use and Institutionalized Persons Act (“RLUIPA”)
by restricting his ability to practice his Wiccan beliefs at
the East Arkansas Regional Maximum Unit
(“EARMU”). (Doc. No. 8.) Plaintiff brings these
claims against Defendants in their official capacities.
(Id.) He seeks injunctive and declaratory relief,
but not monetary damages. (Id.)
have filed a Motion for Judgment on the Pleadings, pursuant
to Fed.R.Civ.P. 12(b)(1) and (h)(3), arguing this case should
be dismissed due to a lack of subject matter jurisdiction.
(Doc. Nos. 48, 49.) Plaintiff has not filed a Response, and
the time to do so has expired. After careful consideration
and for the following reasons, I find the Motion should be
granted and recommend this case be dismissed with prejudice.
alleges Defendants prevented him from practicing his Wiccan
beliefs at the EARMU, which is where he was in prison when he
filed this lawsuit in 2018. (Doc. Nos. 2, 8.) But, sometime
in October 2019, Plaintiff was transferred to the ...