United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS
JEROME T. KEARNEY, Magistrate Judge.
The following partial 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:
This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment (Doc. No. 72). Defendants responded to the Motion (Doc. Nos. 77-78), and Plaintiff filed a Reply (Doc. Nos. 82-84).
Plaintiff Larry Wayne Jones is a state inmate incarcerated at the Varner Super Max Unit of the Arkansas Department of Correction (ADC). He filed this pro se civil rights action pursuant to 42 U.S.C. § 1983, alleging First and Fourteenth Amendment violations in connection with Defendants' denial of several publications which contained images of the swastika symbol. (Doc. No. 2.) The Court granted Plaintiff's Motion to Amend his Complaint On April 29, 2013 (Doc. Nos. 32, 33).
In his Amended Complaint, Plaintiff alleges Defendants violated his First and Fourteenth Amendment rights when they denied him access to books which he had ordered: "The Scourge of The Swastika: A History of Nazi War Crimes During World War II"; "How Hitler could Have Won World War II: the Fatal Errors that Led to Nazi Defeat"; "Inside the Nazi War Machine: How Three Generals Unleashed Hitler's Blitzkrieg upon the World"; and a book catalogue from the Edward R. Hamilton Bookseller Company. (Doc. No. 33, pp. 6-11.) These publications were all denied by the Varner Unit Publication Review Committee as containing gang signs/activity, in the form of swastikas. (Id.) Plaintiff alleges that the denial of these publications violated his First Amendment free speech rights, as not reasonably related to legitimate penological objectives, because the books are not gang-related and concern World War II history. (Id., p. 13.) In addition, Plaintiff alleges that Defendants violated the Fourteenth Amendment equal protection clause because other ADC inmates are permitted to ...