Opinion
No. 5:15-cv-228-DPM-JTK
09-28-2015
CHAUNCEY HADLEY, ADC #132390 PLAINTIFF v. JEREMY ANDREWS, Deputy Warden, Wvarner Unit; M. RICHARDSON, Lieutenant, Varner Unit; FRANKIE BROOKS, Sergeant, Varner Unit; and COOPER, Sergeant, Varner Unit DEFENDANTS
ORDER
On de novo review, the Court adopts the recommendation, No 4,as modified, and sustains Hadley's objections in part, No5. FED. R. CIV. P. 72(b)(3). Hadley's allegations about his punitive confinement fail to state a claim, and are therefore dismissed without prejudice. And the Court agrees that a false-disciplinary allegation, standing alone, fails to state a claim in these circumstances. But the Court would appreciate a further recommendation about (1) whether Hadley states a claim that he was disciplined in retaliation for exercising his First Amendment rights, No 2 at 4-5; No 5 at 1; and (2) if he has, whether Heck's favorable-termination requirement applies to that claim. Muhammad v. Close, 540 U.S. 749, 754-55 (2004) (per curiam); Woods v. Smith, 60 F.3d 1161, 1164-66 (5th Cir. 1995).
So Ordered.
/s/_________
D.P. Marshall Jr.
United States District Judge
28 September 2015