United States District Court, E.D. Arkansas, Northern Division
PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS
JEROME T. KEARNEY, Magistrate Judge.
The following recommended disposition has been sent to United States District Judge J. Leon Holmes. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.
If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.
From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.
Mail your objections and "Statement of Necessity" to:
Plaintiff Mason is a state inmate incarcerated at the Grimes Unit of the Arkansas Department of Correction (ADC). He filed this action pursuant to 42 U.S.C. § 1983, alleging Defendants improperly confiscated a knee brace he was authorized to use, and asks for monetary relief. Defendants Harrison and Hobbs were dismissed on September 17, 2013 (Doc. No. 16).
This matter is before the Court on Defendant Baker's Motion for Summary Judgment (Doc. No. 65). Plaintiff responded to Defendant's Motion (Doc. No. 70), and Defendant filed a Reply (Doc. No. 72).
In his Complaint, Plaintiff states on May 4, 2013, he was taking a shower while officers conducted a shake down of his cell. (Doc. No. 2-1, pp, 4-5.) Officer Gay confiscated three religious books and a piece of black rubber identified by Plaintiff as his knee brace. (Id., p. 5.) When Plaintiff asked for return of the knee brace, Officer Gay stated he would check with Defendant Baker. (Id.) Plaintiff then explained to Defendant Baker that the rubber brace was part of a two-piece medical device for his left leg/knee, and showed Baker a copy of a medical review which showed his physical restrictions. (Id.) Baker, however, refused to return the rubber ...