Winding v. Grubbs et al

Filing 66

Memorandum Opinion and Order re 1 Complaint. This action is dismissed as frivolous. A separate judgment will be entered. Signed by Magistrate Judge F. Keith Ball on 3/3/11. (Copy mailed to Plaintiff.) (dfk)

Winding v. Grubbs et al

Doc. 66

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION JAMES C. WINDING VS. CLARA THOMAS, et al. MEMORANDUM OPINION AND ORDER This § 1983 cause is before the court sua sponte for consideration of dismissal of the complaint. A Spears1 hearing was held on September 29, 2010, and the parties have consented to jurisdiction by the undersigned. Having considered Plaintiff's allegations and his testimony at the omnibus hearing, the court concludes that the complaint should be dismissed with prejudice. Plaintiff, a state inmate, complains that his rights were violated when he was issued an RVR and placed in administrative segregation for twenty days without due process. In order to state a viable claim for denial of due process in prison disciplinary proceedings, a prisoner must establish that he has been deprived of a constitutionally protected liberty interest. Wilkinson v. Austin, 545 U.S. 209, 221 (2005); Coleman v. Dretke, 395 F.3d 216, 221 (5th Cir. 2004). Confinement in administrative segregation implicates a liberty interest only where it results in conditions which impose an "atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life." Sandin v. Conner, 515 U.S. 472, 484 (1995). Plaintiff's allegations fail to implicate any PLAINTIFF CIVIL ACTION NO. 4:09cv153-FKB DEFENDANTS

1

Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).

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liberty interest. 2 Because this claim lacks an arguable basis in law, the court hereby dismisses it, with prejudice, as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). A separate judgment will be entered. So ordered and adjudged, this the 3rd day of March, 2011. /s/ F. Keith Ball ______________________________________ UNITED STATES MAGISTRATE JUDGE

Plaintiff's complaint contained some allegations that could be interpreted as asserting a claim for retaliation. However, at the Spears hearing, he specifically disclaimed any retaliation claims.

2