Kenny Halfacre v. Arkansas Board of Correction, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED) [4373767] [15-3132]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-3132
___________________________
Kenny Halfacre
lllllllllllllllllllll Plaintiff - Appellant
v.
Arkansas Board of Correction; Randall Watson, Warden, ADC, Varner Unit;
Raymond Naylor, Disciplinary Hearing Administrator, ADC, Central Office; K.
Waddle, Disciplinary Hearing Officer, ADC, Central Office; J. Minor,
Disciplinary Hearing Officer, ADC, Central Office; Ms. Franklin; Ms. Taylor,
Disciplinary Hearing Officer, ADC, Central Office; Does, Disciplinary Hearing
Officers, ADC, Central Office
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
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Submitted: February 29, 2016
Filed: March 3, 2016
[Unpublished]
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Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-3132

Page: 1

Date Filed: 03/03/2016 Entry ID: 4373767

Kenny Halfacre appeals the district court’s1 preservice dismissal, without
prejudice, of his 42 U.S.C. § 1983 action based on alleged deprivations of his liberty
interests. Having carefully reviewed the record and Halfacre’s arguments on appeal,
we find no basis for reversal. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir.
2000) (per curiam) (28 U.S.C. § 1915(e)(2)(B)(ii) dismissal is reviewed de novo); see
also Sandin v. Conner, 515 U.S. 472, 483-84 (1995) (alleged deprivation of liberty
interest must impose atypical and significant hardship in relation to ordinary incidents
of prison life); Phillips v. Norris, 320 F.3d 844, 846-47 (8th Cir. 2003) (demotion to
segregation, even without cause, is not itself atypical and significant hardship;
prisoner has no federal constitutional liberty interest in having prison officials follow
prison regulations); cf. Moody v. Daggett, 429 U.S. 78, 88 n.9 (1976) (federal
prisoner had no statutory or constitutional entitlement to particular classification).
Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.
______________________________

1

The Honorable Kristine G. Baker, United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendations of the Honorable Beth
Deere, United States Magistrate Judge for the Eastern District of Arkansas.
-2-

Appellate Case: 15-3132

Page: 2

Date Filed: 03/03/2016 Entry ID: 4373767