OF JUDGMENT: 03/24/2016
COURT RANKIN COUNTYHON. WILLIAM E. CHAPMAN III JUDGE
ATTORNEY FOR APPELLANT: TREMAYNE WHITLOCK (PRO SE)
ATTORNEY FOR APPELLEES: OFFICE OF THE ATTORNEY GENERAL BY:
ANTHONY LOUIS SCHMIDT JR.
GRIFFIS, P.J., ISHEE AND GREENLEE, JJ.
Tremayne Whitlock appeals the circuit court's dismissal
of his administrative-remedy complaint against the
Mississippi Department of Corrections (MDOC). We find no
error and affirm.
AND PROCEDURAL HISTORY
Whitlock is currently serving a life sentence for murder in
the custody of the MDOC. On June 28, 2015, at approximately
12:25 p.m., Leroy Myers, a correctional officer with the
MDOC, observed Whitlock bring a package through the back door
of the kitchen and hide the package in a closet. The package
was subsequently confiscated and searched and contained five
cell phones, five cell-phone chargers, and five pounds of
Whitlock was issued a rule violation report (RVR) and charged
with possession of major contraband. He was subsequently
ordered to be placed in administrative segregation pending an
investigation. On July 2, 2015, a disciplinary hearing was
held wherein the hearing officer, Latisha Brooks, found
Whitlock guilty of possession of major contraband. Whitlock
was reclassified to the cellular-telephone-management housing
unit and lost all privileges for ninety days.
Whitlock appealed the hearing officer's decision through
the MDOC's administrative remedy program (ARP). Brian
Ladner, a warden with the MDOC, reviewed the appeal and found
the RVR would remain in place as stated.
After he exhausted his administrative remedies with the MDOC,
Whitlock filed a complaint in the Circuit Court of Rankin
County against MDOC officers Ladner, Brooks, and Myers.
Neither MDOC nor Ladner, Brooks, or Myers was properly served
Whitlock filed a pro se "motion for entry of
default" pursuant to Mississippi Rule of Civil Procedure
Thereafter, the attorney general filed a response to
Whitlock's complaint on behalf of Ladner, Brooks, and
The circuit court ordered MDOC to respond "relative to
whether MDOC's decision was supported by substantial
evidence, was not arbitrary or capricious, was within the
scope and powers of MDOC[, ] and did not violate the
constitutional rights of [Whitlock]." The circuit court
further ordered MDOC to include a true and correct legible
copy of file documents from the Central Mississippi