Blasingame v. Jones et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 dismissing the complaint without prejudice. This dismissal is a strike. Signed by Judge D. P. Marshall Jr. on 8/28/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION FRANK JAMES BLASINGAME ADC # 140321 v. PLAINTIFF No. 5:13-cv-253-DPM-HDY JOY JONES, Correctional Sergeant, ADC, Delta Unit; JAMES T. BANKS, Head Warden, ADC, Delta Unit; RAYMOND NAYLOR, Disciplinary Hearing Administrator, ADC; and JAMES BANKS, Security Warden, ADC, Delta Unit DEFENDANTS ORDER The Court has considered Magistrate Judge H. David Young's proposed findings and recommendations, NQ 4, and Blasingame's objections, NQ 5. On de novo review, the Court adopts Judge Young's recommendations, modified to a dismissal without prejudice and with a supplement. FED. R. CIV. P. 72(b)(3). While it is unfair that Blasingame was not allowed to present evidence from the officer witness whom Blasingame says would have exonerated him, the evidentiary burden established by precedent is so minimal in the prison-discipline context that the witness's absence did not offend the Constitution. Blasingame says in his objection that ADC is depriving him of TV and radio access in his cell, serves cold and poorly proportioned food, and provides inadequate medical care. NQ 5 at 2. And other inmates, he continues, prevent his use of the prison yard. Ibid. To the extent Blasingame intends to raise new Eighth Amendment claims with these statements, they are rejected; the allegations are much too thin to state a claim. FED. R. Crv. P. 12(b)(6). Blasingame's complaint, NQ 2, is dismissed without prejudice. This dismissal is a strike. 28 U.S.C. ยง 1915(g). So Ordered. D.P. Marshall Jr. United States District Judge -2-

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