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Hearron v. Mississippi Dep't of Corrections

Court of Appeals of Mississippi

June 2, 2015

KHRISTOFFER MANDELL HEARRON A/K/A KHRISTOFFER M. HEARRON A/K/A KHRISTOFFER HEARRON, APPELLANT
v.
MISSISSIPPI DEPARTMENT OF CORRECTIONS, APPELLEE

COURT FROM WHICH APPEALED: JEFFERSON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 10/09/2013. TRIAL JUDGE: HON. LAMAR PICKARD. TRIAL COURT DISPOSITION: DISMISSED PETITIONER'S MOTION FOR A TEMPORARY RESTRAINING ORDER AGAINST THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.

KHRISTOFFER MANDELL HEARRON, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ANTHONY LOUIS SCHMIDT JR.

BEFORE IRVING, P.J., ISHEE AND CARLTON, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., NOT PARTICIPATING.

OPINION

NATURE OF THE CASE: CIVIL - OTHER

ISHEE, J.

Page 54

[¶1] Khristoffer Mandell Hearron has been incarcerated with the Mississippi Department of Corrections (MDOC) for almost twenty years in various facilities. In 2013, Hearron filed a motion for a temporary restraining order (TRO) against the MDOC. His motion was dismissed. Aggieved, Hearron filed the instant appeal. Finding that Hearron has failed to exhaust his administrative remedies, we affirm the circuit court's dismissal.

STATEMENT OF FACTS

[¶2] In 1995, Hearron was convicted of possession of cocaine with intent to distribute and sentenced as a habitual offender to

Page 55

thirty years in the custody of the MDOC. Since his incarceration, Hearron has filed numerous claims with the MDOC's Administrative Remedy Program (ARP). ARP policy dictates that only ten claims or motions may sit pending at any one time.

[¶3] In 2013, Hearron filed multiple motions with ARP, including a request for a TRO against MDOC. However, the motions were sent back to Hearron since he already had nine pending motions. Hearron was sent notice with the return of the motions that he may choose one motion with which he would like to proceed. Hearron failed to choose a motion to submit to ARP.

[¶4] Nonetheless, Hearron filed a motion for a TRO against the MDOC and a motion to proceed in forma pauperis (IFP) in the Greene County Circuit Court. The circuit court dismissed Hearron's motion for a TRO for lack of jurisdiction and ordered him to exhaust his administrative remedies ...


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