United States District Court, N.D. Mississippi, Greenville Division
ORDER ADOPTING REPORT AND RECOMMENDATION
M. BROWN, UNITED STATES DISTRICT JUDGE.
the Court is the Report and Recommendation of United States
Magistrate Judge David A. Sanders. Doc. #20.
about June 17, 2016, William Nelson, III filed a pro se
prisoner complaint against several employees of the
Mississippi State Penitentiary (“MSP”). Doc. #1.
On April 20, 2017, United States Magistrate Judge David A.
Sanders held a Spears hearing on Nelson's
allegations. Doc. #16. On September 22, 2017, Judge Sanders
issued a Report and Recommendation recommending that
Nelson's complaint be dismissed for failure to state a
claim against any named defendant. Doc. #20. Nelson
acknowledged receipt of the Report and Recommendation on or
about October 4, 2017, Doc. #21, and filed objections
thereto, Doc. #22.
objections to a report and recommendation have been filed, a
court must conduct a de novo review of the report and
recommendation to which objections have been specifically
raised. Gauthier v. Union Pac. R.R. Co., 644
F.Supp.2d 824, 828 (E.D. Tex. 2009). Where no objections have
been raised, “the Court need only satisfy itself that
there is no plain error on the face of the record.”
Id. (citing Douglass v. United Servs. Auto
Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996)).
Nelson's Complaint and Spears Testimony
complaint and Spears hearing testimony alleges that
he was issued multiple rules violations reports on May 4,
2016, in connection with an assault on correctional officers
and, as a result, he was placed in administrative
segregation. Nelson claims that a correctional officer,
Jennifer White, “falsely forged the rule violations
reports.” Specifically, Nelson contends that White
forged the rules violations reports by making it appear that
he refused to sign them. According to the rules violations
reports, correctional officer Anita Cobb attempted to deliver
the reports to Nelson but Nelson refused to sign them. Nelson
claims that Cobb never attempted to deliver the rules
violations reports and that he did not refuse to sign them.
Nelson claims disciplinary hearing officer Kenya Terry
improperly found him guilty of the underlying rules
infractions based on insufficient evidence. Nelson also seeks
to sue the warden of MSP, Timothy Morris, and the
Administrative Remedy Program (“ARP”) Legal
Claims Adjudicator, Ronnie Pennington, for not ruling in his
favor when Nelson sought relief through the ARP at MSP.