OF JUDGMENT: 12/15/2015
COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON. WILLIAM A.
ATTORNEY FOR APPELLANT: TIMMY ROBERTS (PRO SE)
ATTORNEYS FOR APPELLEE: ANTHONY LOUIS SCHMIDT JR. JAMES M.
NORRIS DARRELL CLAYTON BAUGHN
IRVING, P.J., CARLTON AND WESTBROOKS, JJ.
Timmy Roberts was convicted of aggravated assault and
sentenced to two concurrent twelve-year terms in the custody
of the Mississippi Department of Corrections (MDOC). While
incarcerated, Roberts received a rule-violation report (RVR)
for possessing a cell phone. After unsuccessfully challenging
the RVR and exhausting his administrative remedies through
MDOC's Administrative Remedy Program (ARP), Roberts
sought review in the Hinds County Circuit Court, First
Judicial District. The circuit court affirmed the judgment of
the ARP. Roberts now appeals the circuit
court's judgment and raises the following issues: (1)
MDOC violated his right to due process by failing to hold a
hearing within seven working days of the alleged rule
violation; (2) the investigator failed to investigate the
alleged rule violation; and (3) MDOC's decision lacked
Finding no error, we affirm the circuit court's judgment.
In May 2012, Roberts was convicted of two counts of
aggravated assault involving a firearm and was sentenced to
two concurrent twelve-year terms in MDOC's custody. On
June 2, 2015, while an inmate at Walnut Grove Correctional
Facility (Walnut Grove), Roberts received an RVR for possession
of a cell phone. An investigation and hearing were conducted,
and on June 16, 2015, the hearing officer found Roberts
guilty of the rule violation.
On June 19, 2015, Roberts filed an appeal through MDOC's
ARP. Roberts received the MDOC's response on June 23,
2015. MDOC held that Roberts "failed to produce any
facts to support [his] claim that the cell phone found was
not [his]." MDOC denied Roberts's claim for relief,
ruling that his RVR for cell-phone possession would not be
removed from his record.
Unsatisfied with MDOC's response, Roberts appealed to the
circuit court on July 20, 2015. By order entered December 15,
2015, the circuit court found it had jurisdiction over
Roberts's appeal and that the ARP's decision was
"supported by substantial evidence and violate[d] no
statutory or constitutional right." On January 26, 2016,
Roberts filed his notice of appeal.
I.Whether Roberts filed his appeal in the ...