Kenny Halfacre v. Arkansas Board of Correction, No. 15-3132 (8th Cir. 2016)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Arnold and Smith, Circuit Judges] Civil case - Civil rights. Pre-service dismissal of plaintiff's Section 1983 complaint affirmed without comment. [ March 02, 2016
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3132 ___________________________ Kenny Halfacre lllllllllllllllllllll Plaintiff - Appellant v. Arkansas Board of Correction; Randall Watson, Warden, ADC, Varner Unit; Raymond Naylor, Disciplinary Hearing Administrator, ADC, Central Office; K. Waddle, Disciplinary Hearing Officer, ADC, Central Office; J. Minor, Disciplinary Hearing Officer, ADC, Central Office; Ms. Franklin; Ms. Taylor, Disciplinary Hearing Officer, ADC, Central Office; Does, Disciplinary Hearing Officers, ADC, Central Office lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: February 29, 2016 Filed: March 3, 2016 [Unpublished] ____________ Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges. ____________ PER CURIAM. Kenny Halfacre appeals the district court’s1 preservice dismissal, without prejudice, of his 42 U.S.C. § 1983 action based on alleged deprivations of his liberty interests. Having carefully reviewed the record and Halfacre’s arguments on appeal, we find no basis for reversal. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (28 U.S.C. § 1915(e)(2)(B)(ii) dismissal is reviewed de novo); see also Sandin v. Conner, 515 U.S. 472, 483-84 (1995) (alleged deprivation of liberty interest must impose atypical and significant hardship in relation to ordinary incidents of prison life); Phillips v. Norris, 320 F.3d 844, 846-47 (8th Cir. 2003) (demotion to segregation, even without cause, is not itself atypical and significant hardship; prisoner has no federal constitutional liberty interest in having prison officials follow prison regulations); cf. Moody v. Daggett, 429 U.S. 78, 88 n.9 (1976) (federal prisoner had no statutory or constitutional entitlement to particular classification). Accordingly, the judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Beth Deere, United States Magistrate Judge for the Eastern District of Arkansas. -2-
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