Winnett v. Felts et al
Filing
10
ORDER granting 2 motion to proceed in forma pauperis and 7 motion for ruling; denying 8 motion for recusal; denying as moot 4 , 6 , & 9 motions; strike recommended; and an in forma pauperis appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 1/27/2025. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
DONALD WINNETT
ADC# 139544
v.
PLAINTIFF
No. 4:24-cv-1032-DPM
JOHN FELTS, Chair, Arkansas
Post Prison Trans£er Board;
BRENT MORGAN, Member,
Arkansas Post Prison Transfer
Board; LONA MCCASTLAIN,
Director, Arkansas Post Prison
Transfer Board; WILLIE ROBINSON,
Member, Arkansas Post Prison
Transfer Board; ANDY SHOCK,
Member, Arkansas Post Prison
Transfer Board; WENDY LYALS,
Member, Arkansas Post Prison
Transfer Board; SARAH HUCKABEE
SANDERS, Governor, Arkansas; and
DOUG SMITH, Member, Arkansas
Post Prison Trans£er Board
DEFENDANTS
ORDER
1.
Winnett and other Arkansas inmates filed a class action
complaint against the members of the Arkansas Post Prison Transfer
Board as well as the Governor of Arkansas. None of the inmates are
lawyers.
They can only represent themselves pro se.
The Clerk
therefore opened individual cases for each plaintiff. Winnett has since
filed many motions, including a motion for recusal.
2.
The motion for recusal is denied. No one knowing all the
material facts could reasonably question my (or Magistrate Judge
Ervin's) impartiality. 28 U.S.C. § 455(a). Winnett's frustration with
case handling, and his unfounded accusation of foot-dragging, aren't a
valid basis for recusal.
Cir. 2005).
Dossett v. First State Bank, 399 F.3d 940,953 (8th
The Court is tending to his case and many others. His
concern - about a required dismissal if there is no service ninety days
after he filed his complaint- is misplaced. The service clock doesn't
start until after screening of prisoner cases.
3.
The motion to proceed in forma pauperis is granted.
related motion for a ruling is granted, too.
His
Winnett hasn't had any
money in his prison account in the last six months, so the Court assesses
an initial partial filing fee of $0.00. His custodian must collect monthly
payments from his prison trust account each time the amount in the
account exceeds $10. These payments will be equal to twenty percent
of the preceding month's income credited to the account; and they
will be collected and forwarded to the Clerk of the Court until the $350
filing fee is paid in full.
28 U.S.C. § 1915(b)(2).
The payments
forwarded on Winnett's behalf must be clearly identified by the case
name and number.
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The Court directs the Clerk to send a copy of this Order to the
Administrator of the Grimes Unit of the Arkansas Department of
Corrections, 300 Corrections Drive, Newport, Arkansas 72112.
4.
The Court must screen Winnett' s § 1983 complaint. Doc. 1;
28 U.S.C. § 1915(e). He has sued each member of the Arkansas Post
Prison Transfer Board and the Governor of Arkansas in their official
and individual capacities. He says that the members of the Board
aren't complying with Arkansas law in their review of parole
applications.
Some examples:
the Board has conducted meetings
with less than four members, denied parole with less than five votes,
and failed to complete a validated risk-needs assessment and case plan
for Winnett and others.
§ 16-93-201(d)(l) & (2).
Doc. 1 at 10-13;
see also Ark Code Ann.
As for Governor Sanders, Winnett says that
the Parole Board sends her an annual report about its activities. By
doing nothing, Winnett alleges, the Governor is condoning the Board's
unlawful actions and is failing to train or supervise Board members
properly. Doc. 1 at 11-12. All this, he says, violates his due process
rights. He seeks money damages as well as declaratory and injunctive
relief.
Winnett has failed to state a federal claim upon which relief can
be granted.
There isn't "a protected, federal due process right to
parole." Jenner v. Nikolas, 828 F.3d 713, 716 (8th Cir. 2016) . Arkansas's
parole statute doesn't create a liberty interest, either. Ibid.; Hamilton
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v. Brownlee, 237 F. App'x 114, 115 (8th Cir. 2007) (Arkansas law,
unpublished per curiam); Waller v. Profiri, 2024 WL 541596, at *3 (E.D.
Ark. 24 January 2024), affd, 2024 WL 3709352 (8th Cir. 23 April 2024);
Ark. Code Ann. § 16-93-701.
And because Winnett doesn't have a
liberty interest in parole, the Parole Board's alleged failures to turn
square corners don't violate his procedural due process rights. Jenner,
828 F.3d at 717.
*
Winnett's motion to proceed in forma pauperis, Doc. 2, and his
motion for ruling, Doc. 7, are granted. His motion for recusal, Doc. 8,
is denied. His other motions, Doc. 4, 6 & 9, are denied as moot. This
case is dismissed without prejudice for failure to state a claim. Strike
recommended.
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.
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