Wyles v. Andrews et al

Filing 8

ORDER adopting the 6 pending recommendation as supplemented; overruling 7 Wyles's objection; and dismissing his claims without prejudice for failure to state a claim. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 1/4/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
BOBBY RAY WYLES, JR
ADC #149401

v.

PLAINTIFF

No. 2:17-cv-202-DPM

ANDREWS, Warden, EARU;
JUSTINE MINOR, Disciplinary
Hearing Judge, ADC; and RHODES,
Correctional Officer, EARU

DEFENDANTS

ORDER
On de nov a review, the Court adopts the p ending recommendation
as supplemented, NQ 6, and overrules Wyles' s objection, NQ7. FED. R.
CIV. P. 72(b)(3). The thrust of Wyles' s argument is that, after being

granted or approved for parole, he was deprived of it in a disciplinary
hearing that he wasn't allowed to attend.

He underlines that this

disciplinary hearing took place contrary to prison policy and state law.
As a result, Wyles was not released and remains imprisoned. He also
lost good-time credits, received a lesser classification level, and
endured punitive isolation.
Although the alleged facts and timeline are troubling, there is no
liberty interest at stake as a matter of law. Classification level, punitive
isolation, good-time credits, and policy violations are important but
insufficient. N g 6 at 3-4. Even parole denial doesn' t trigger due process

protections. There's no liberty interest or constitutional right to release
before the end of a valid sentence. Greenholtz v . Inmates ofN ebraska Penal
and Correctional Complex , 442 U.S. 1, 7 (1979). And Arkansas law doesn' t

provide Wyles with a protectable interest. Parker v. Carrothers, 750 F.2d
653, 655-57 (8th Cir. 1984). Therefore his claims will be dismissed
without prejudice for failure to state a claim. An in forma pauperis
appeal from this Order and accompanying Judgment would not be
taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.
t/

D.P. Marshall Jr.
United States District Judge

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