United States District Court, E.D. Arkansas, Pine Bluff Division
JAMES T. DICKSON, ADC # 128747, Plaintiff,
CHUCK GLADDEN, Chaplain, Delta Regional Unit, ADC, et al., Defendants.
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
J. THOMAS RAY, 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 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 United States District Judge, you must, at the same time that you file your written objections, include a "Statement of Necessity" that sets forth the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence to be proffered at the requested hearing before the United States District Judge was not offered at the hearing before the Magistrate Judge.
3. An offer of proof setting forth the details of any testimony or other evidence (including copies of any documents) desired to be introduced at the requested hearing before the United States District Judge.
From this submission, the United States 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, James T. Dickson, is an inmate of the Delta Regional Unit of the Arkansas Department of Correction ("ADC"). He has filed this pro se § 1983 action alleging that four Defendants violated his constitutional rights. Doc. 2. After review of Plaintiff's Complaint, the Court finds that he has failed to state a claim upon which relief can be granted as to any named Defendant. Thus, pursuant to the screening function mandated by 28 U.S.C. § 1915A, the Court recommends that Plaintiff's claims against Defendants Chuck Gladden, James Gibson, Marvin Evans, and James Banks be dismissed, without prejudice.
In his Complaint, Plaintiff alleges that all of the named Defendants have interfered with the exercise of his Catholic faith. Doc. 2.  Specifically, Plaintiff contends that the Defendants have failed to provide him with various devotional accessories, including a Catholic Bible, a Rosary, and a Catholic Dictionary. Id . at 3. Plaintiff also alleges that Defendants have failed to provide him with weekly Catholic Mass. Id.
Importantly, Plaintiff does not allege that any of the Defendants have prevented him from obtaining or possessing any of the requested religious items. Rather, his allegations center on Defendants' ...