Howard v. Blackmon et al

Filing 21

ORDER ADOPTING 18 REPORT AND RECOMMENDATION and denying 16 Motion for Summary Judgment. Signed by District Judge Daniel P. Jordan, III on 11/7/16. (RRL)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

SIMUEL D. HOWARD
v.

PLAINTIFF
CIVIL ACTION NO. 3:15cv663-DPJ-FKB

WARDEN B. E. BLACKMON

DEFENDANT
ORDER

This pro se prisoner case is before the Court on the Report and Recommendation [18] of
United States Magistrate Judge F. Keith Ball. In general, a Disciplinary Hearing Officer at the
Federal Correction Complex in Yazoo City, Mississippi, found that Plaintiff Simuel D. Howard
violated prison rules by possessing a cell phone. Howard filed this action under 28 U.S.C.
§ 2241, claiming that the evidence did not support the Disciplinary Officer’s holding or the
resulting loss of 41 days of Howard’s good-time credit.
On October 17, 2016, Judge Ball issued his Report and Recommendation, concluding
that the petition should be dismissed with prejudice. See R&R [18] at 4. Howard filed a timely
objection on October 28, 2016, in which he again argued that the evidence did not support the
prison’s action against him. See Objection [19].
There is no dispute that Judge Ball applied the correct legal standard. See R&R [18] at 3
(citing Superintendent, Mass. Corr. Inst. v. Hill, 472 U.S. 445, 455 (1985) (requiring affirmance
of prison decision to revoke good-time credit if supported by “some evidence”)). And for the
reasons Judge Ball stated in his Report and Recommendation, this Court agrees that the
disciplinary finding was supported by “some evidence.” See Hill, 472 U.S. at 455.
Accordingly, the Report and Recommendation [18] is hereby adopted as the order of the
Court. Howard’s claims are hereby dismissed with prejudice, and his Motion for Summary

Judgment [16] is denied. A separate judgment will be entered pursuant to Federal Rule of Civil
Procedure 58.
SO ORDERED AND ADJUDGED this the 7th day of November, 2016.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE

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