Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Nelson v. Morris

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

December 28, 2017

WILLIAM NELSON, III PLAINTIFF
v.
TIMOTHY MORRIS, et al. DEFENDANTS

          ORDER ADOPTING REPORT AND RECOMMENDATION

          DEBRA M. BROWN, UNITED STATES DISTRICT JUDGE.

         Before the Court is the Report and Recommendation of United States Magistrate Judge David A. Sanders. Doc. #20.

         I

         Procedural History

         On or 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[1] 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.

         II

         Standard of Review

         Where 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)).

         III

         Analysis

         A. Nelson's Complaint and Spears Testimony

         Nelson's 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.

         Additionally, 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.

         B. Report ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.