Briley v. Drayer et al

Filing 15

ORDER adopting the proposed findings and recommended partial disposition; granting 10 Briley's motion to amend his complaint. Plaintiff Eddie Briley may proceed on his due process claims against defendants Ramsey, Paige, and Maples for their f ailure to provide him a hearing prior to his transfer to the Varner Supermax Unit of the Arkansas Department of Correction. Briley may proceed on his due process claims against defendants Gibson, Banks, Meinzer, Maples, and Hobbs for their failure to provide him a meaningful review of his continued assignment to Varner Supermax. Briley's remaining claims against defendants Drayer, Davis, Naylor, Washington, Price, Conner, Briswell, Evans and Johnson are dismissed without prejudice. Signed by Judge Brian S. Miller on 4/12/12. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EDDIE BRILEY, JR.
ADC# 116921
v.

PLAINTIFF
CASE NO. 5:11CV00274 BSM/BD

MANNIE L. DRAYER, Disciplinary Hearing Officer
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
The proposed findings and recommended partial disposition submitted by United
States Magistrate Judge Beth Deere [Doc. No. 7] and the filed objections [Doc. No. 9] have
been reviewed. After carefully considering these documents and making a de novo review
of the record, it is concluded that the proposed findings and recommended partial disposition
should be, and hereby are, approved and adopted in their entirety in all respects.
Plaintiff Eddie Briley’s motion to amend his complaint [Doc. No. 10] is granted.
IT IS THEREFORE ORDERED that:
1.

Plaintiff Eddie Briley may proceed on his due process claims against

defendants Ramsey, Paige, and Maples for their failure to provide him a hearing prior to his
transfer to the Varner Supermax Unit of the Arkansas Department of Correction.
2.

Briley may proceed on his due process claims against defendants Gibson,

Banks, Meinzer, Maples, and Hobbs for their failure to provide him a meaningful review of
his continued assignment to Varner Supermax.
3.

Briley’s remaining claims against defendants Drayer, Davis, Naylor,

Washington, Price, Conner, Briswell, Evans and Johnson are dismissed without prejudice.
IT IS SO ORDERED this 12th day of April 2012.

UNITED STATES DISTRICT JUDGE