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Bass v. Fisher

United States District Court, N.D. Mississippi, Greenville Division

July 23, 2015

GEORGE MICHAEL BASS, Plaintiff,
v.
MARSHALL L. FISHER, ET AL., Defendants.

MEMORANDUM OPINION

GLEN H. DAVIDSON, Senior District Judge.

This matter comes before the court on the pro se prisoner complaint of George Michael Bass, who challenges the conditions ofhis confinement under 42 U.S.C. § 1983. For the purposes of the Prison Litigation Reform Act, the court notes that the plaintiff was incarcerated when he filed this suit. The plaintiff alleges that the defendants failed to provide him with a case plan as a parole eligible inmate under Miss. Code Ann. § 47-7-3.1. For the reasons set forth below, the instant case will be dismissed for failure to state a claim upon which relief could be granted.

Factual Allegations

The plaintiff alleges that the defendants have failed to develop a case plan for him, and he believes that the defendants are required to do so under Miss. Code Ann. § 47-7-3.1 - Case plan for parole eligible inmates, which reads:

(1) In consultation with the Parole Board, the department shall develop a case plan for all parole eligible inmates to guide an inmate's rehabilitation while in the department's custody and to reduce the likelihood ofrecidivism after release.
(2) Within ninety (90) days of admission, the department shall complete a case plan on all inmates which shall include, but not limited to:
(a) Programming and treatment requirements based on the results of a risk and needs assessment;
(b) Any programming or treatment requirements contained in the sentencing order; and
(c) General behavior requirements in accordance with the rules and policies of the department.
(3) The department shall provide the inmate with a written copy of the case plan and the inmate's caseworker shall explain the conditions set forth in the case plan.
(a) Within ninety (90) days ofadmission, the caseworker shall notify the inmate of their parole eligibility date as calculated in accordance with Section 47-7-3(3);
(b) At the time a parole-eligible inmate receives the case plan, the department shall send the case plan to the Parole Board for approval.
(4) The department shall ensure that the case plan is achievable prior to inmate's parole eligibility date.
(5) The caseworker shall meet with the inmate every eight (8) weeks from the date the offender received the case plan to review ...

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