Sims v. Hobbs et al

Filing 3

ORDER granting motion to proceed ifp and assessing an initial partial filing fee of $5.67. The Clerk is directed to send a copy of this Order to the ADC Offices and to the Warden, Varner SuperMax Unit, P.O. Box 400, Grady, AR 71644-0400. This Order dismisses this case without prejudice for failure to state a claim. This dismissal counts as a strike, and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 7/19/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

ROGER DALE SIMS,
ADC # 121381

v.

PLAINTIFF
No. 5:12-cv-249 DPM

RAY HOBBS, Director, Arkansas Department
of Correction; and JOHN DOES, members,
Arkansas Board of Parole

DEFENDANTS

ORDER
1. Roger Dale Sims, an Arkansas Department of Correction inmate,
moves to proceed in forma pauperis in this § 1983 case. Document No. 1.
Because his application makes the showing required by 28 U.S.C. § 1915, the
motion is granted. Sims still must pay the $350 filing fee in installments. 28
U.S.C. § 1915(b). The Warden of the Varner Super Max Unit must therefore
collect an initial partial filing fee of $5.67 from Sims's prison trust account.
Thereafter, the Warden must collect monthly installments of 20% of the
preceding month's income credited to Sims's prison trust account each time
the amount in the account exceeds $10.00.

Payments must be clearly

identified by the name and number assigned to this action.

The Clerk is directed to send a copy of this Order to the Varner Super
Max Unit, P.O. Box 400, Grady, AR 71644-0400; the ADC Trust Fund
Centralized Banking Office, P.O. Box 8908, Pine Bluff, Arkansas 71611; and
the ADC Compliance Office, P.O. Box 20550, Pine Bluff, Arkansas 71612-0550.
2. The Court must also screen Sims's complaint pursuant to 28 U.S.C.
§ 1915A. Sims alleges that ADC Director Ray Hobbs and the unknown

members of the Arkansas Parole Board are violating his due process rights by
miscalculating his parole eligibility date and failing to timely hold parole
hearings. Document No. 2. It is well settled, however, that state prisoners do
not have a protected liberty interest in discretionary parole release. Greenholtz

v. Inmates ofthe Nebraska Penal and Correctional Complex,442 U.S.1, 9-11 (1979);
Persechini v. Callaway, 651 F.3d 802,807-08 (8th Cir. 2011). Sims has therefore
failed to state a viable § 1983 claim for relief.

* * *
Motion to proceed in forma pauperis, Document No. 1, granted. Sims's
complaint is dismissed without prejudice for failure to state a claim. This
dismissal constitutes a strike; and the Court certifies that an in forma pauperis
appeal would not be taken in good faith. 28 U.S.C. § 1915(a)(3) & (g).

-2-

So Ordered.

D.P. Marshall Jr.
United States District Judge

-3-