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)

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. § 1915(g).
So Ordered.

D.P. Marshall Jr.
United States District Judge

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