Stivers v. Peppers et al

Filing 5

ORDER directing the Clerk to prepare summons for Defendants Peppers, Huff, and Kelly. The U.S. Marshal shall serve the summons, the complaint, and this Order on Kelly through the ADC Compliance Division without prepayment of fees and costs or securit y therefor. The summons, complaint, and this Order must be served on Peppers and Huff through the Humphries & Odum law firm without prepayment of fees and costs or security therefor. Stivers's claim against Cameron and Ronchism is dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 2/28/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DENNIS STIVERS,
ADC #91244

PLAINTIFF
No. 5:14-cv-34-DPM-JTR

v.

SONJA PEPPERS, Doctor, Tucker Unit,
ADC; RAMONA HUFF, Nurse's Charge, Tucker
Unit, ADC; WENDY KELLY, Medical Director, ADC;
ROGER CAMERON, Drug and Alcohol Program
Director, ADC; and RONCHISM, Program
Supervisor, Tucker Unit, ADC

DEFENDANTS

ORDER
1. Stivers has filed this pro se § 1983 action alleging that defendants
violated his constitutional rights at the Tucker Unit of the Arkansas
Department of Correction. NQ 2. The Court must screen Stivers's complaint.
28 U.S.C. § 1915A.
2. Stivers alleges that Doctor Peppers and nurse Huff failed to provide
him with constitutionally adequate medical care for problems with his lumbar
spine. Stivers says ADC medical director Wendy Kelly knew about the
alleged lack of adequate medical care, but failed to take corrective action.
Stivers has pleaded plausible § 1983 claims against them.
3. Stivers says that Cameron and Ronchism's failure to make reasonable

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accommodations for his medical condition forced him to withdraw from the
ADC's therapeutic community program, which was a prerequisite for his
being considered for parole. A § 1983 claim must be based on a violation of
a federal statutory or constitutional right. Burlison v. Springfield Public Schools,
708 F.3d 1034, 1038 (8th Cir. 2013). Stivers does not have a federal statutory
or constitutional right to be released on parole or to participate in
discretionary prison programs that might increase his chances of parole. See

Greenholtz v.lnmates of the Neb. Penal and Carr. Complex,442 U.S. 1, 9-11 (1979);
Persechini v. Callaway, 651 F.3d 802, 807-08 (8th Cir. 2011). He therefore has
not pleaded a plausible § 1983 claim for relief against Cameron and
Ronchism.
4. The Clerk shall prepare summons for Defendants Peppers, Huff, and
Kelly. The U.S. Marshal shall serve the summons, the complaint, and this
Order on Kelly through the ADC Compliance Division without prepayment
of fees and costs or security therefor. The summons, complaint, and this
Order must be served on Peppers and Huff through the Humphries & Odum
law firm without prepayment of fees and costs or security therefor. If any of
the defendants is no longer an ADC or Correct Care Solutions employee, the

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individual responding to service must file the unserved defendant's last
known private mailing address under seal.

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Stivers may proceed with his inadequate-medical-care claim against
Peppers, Huff, and Kelly. Service is ordered on that claim only. Stivers's
claim against Cameron and Ronchism is dismissed without prejudice. The
Court certifies that an in forma pauperis appeal from this Order would not be
taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.

D.P. Marshall Jr.
United States District Judge

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