Opinion
CIVIL ACTION NO. 2:15 -CV-02548
10-26-2016
CHARLES METCALF, JR. B.O.P. #43753-074 v. BECKY CLAY ET AL.
JUDGE MINALDI
MAGISTRATE JUDGE KAY
JUDGMENT
For the reasons stated in the Report and Recommendation (Rec. Doc.16) of the Magistrate Judge previously filed herein, after an independent review of the record, a de novo determination of the issues, and determining that the findings are correct under applicable law,
IT IS ORDERED that the instant application be GRANTED regarding his due process claim for the disciplinary proceedings.
IT IS FURTHER ORDERED that the disciplinary adjudication and sanctions following the third hearing are vacated, and that this matter is remanded to the prison for rehearing with all rights to which the petitioner is entitled.
IT IS FURTHER ORDERED that the petitioner's Request for Discovery be DENIED.
Lake Charles, Louisiana, this 26 day of October, 2016.
/s/_________
PATRICIA MINALDI
UNITED STATES DISTRICT JUDGE