Mosby v. Evans et al

Filing 26

ORDER dismissing case. A separate judgment will be entered. Signed by Magistrate Judge F. Keith Ball on 11/6/13 (dfk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION

JONATHAN MOSBY

PLAINTIFF

VS.

CIVIL ACTION NO. 4:13cv20-FKB

T. EVANS, et al.

DEFENDANTS

ORDER
Jonathan Mosby, a state inmate, brought this action pursuant to 42 U.S.C. § 1983
alleging denial of due process in two prison disciplinary proceedings. Having considered
the complaint and Plaintiff’s testimony at the Spears1 hearing, the Court concludes that
this matter should be dismissed for failure to state a claim.
Plaintiff’s claims concern two RVR’s he received in October of 2012: one for testing
positive on a drug test, and another for being in an unauthorized area. He claims that the
RVR’s were wholly unfounded. Moreover, he has been unable to obtain any specifics
about the positive drug test.
A prisoner’s challenge to a prison disciplinary proceeding is limited to situations
where a denial of due process implicates a constitutionally-protected interest, such as
liberty. See Johnson v. Rodriguez, 110 F.3d 299, 308 (5th Cir. 1997). Plaintiff testified
that the only punishment he received for the RVR’s was a loss of canteen privileges for
ninety days. Loss of privileges does not implicate a liberty interest because it does not
pose 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). For this reason,

1

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

Plaintiff’s claims regarding the RVR’s fail as a matter of law and are hereby dismissed.
A separate judgment will be entered.
SO ORDERED this the 6th day of November, 2013.
/s/ F. Keith Ball
______________________________________
UNITED STATES MAGISTRATE JUDGE