Hamner v. Mannis

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION

CHARLES HAMNER PLAINTIFF ADC #143063

Vv. No. 2:22-cv-158-DPM-JTK DEAN MANNIS, Chief Executive Officer/Sheriff, Arkansas County Detention Center and PATRICIA SNYDER, Former Jail Administrator/Officer, Arkansas County Detention Center DEFENDANTS

ORDER 1. On de novo review, the Court adopts Magistrate Judge Kearney’s partial recommendation as supplemented, Doc. 7, and overrules Hamner’s objections, Doc. 8. FED. R. Civ. P. 72(b) (1983 addition to advisory committee notes). His due process and retaliation claims are Heck-barred. A successful challenge to his transfer would necessarily invalidate his extended parole revocation sentence by declaration, injunction, or both. Newmy v. Johnson, 758 F.3d 1008, 1011-12 (8th Cir. 2014). Furthermore, the only damages Hamner seeks to recover arise out of his allegedly wrongful imprisonment. Doc. 2 at 16; Heck v. Humphrey, 512 U.S. 477, 487 n.7 (1994); Cooney v. Arkansas, 2022 WL 288143, at *1 n.1 (8th Cir. 1 Feb. 2022) (unpublished per curiam). Hamner’s parole-related conspiracy, due process, and retaliation

claims are dismissed without prejudice. His access to the courts and failure to protect claims are also dismissed without prejudice for the reasons specified in the recommendation. His remaining claims will proceed. 2. Hamner’s embedded motion for copies is granted. The Court directs the Clerk to send Hamner a copy of Doc. 1, 2, 3,4,5 & 6. So Ordered.

D.P. Marshall Jr. United States District Judge

at Meeimher apar

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