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Bunton v. Randall

United States District Court, E.D. Arkansas, Western Division

January 23, 2015

RALPH BUNTON, Plaintiff,
v.
JOHN RANDALL, et al., Defendants.

PROPOSED FINDINGS AND RECOMMENDATIONS

JEROME T. KEARNEY, Magistrate Judge.

INSTRUCTIONS

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:

I. Introduction

Plaintiff Ralph Bunton is an inmate incarcerated at the Faulkner County Detention Center (Jail). He filed this pro se action pursuant to 42 U.S.C. ยง 1983, seeking damages for false arrest and false imprisonment against several Defendants (Doc. No. 5)[1]

This matter is before the Court on Defendant Wooley's Motion for Summary Judgment (Doc. No. 14), to which Plaintiff responded (Doc. No. 18). Both parties also filed supplemental briefs in response to the Court's December 19, 2014 Order (Doc. Nos. 24, 25).

According to his Amended Complaint, Plaintiff was stopped by Illinois State Police on June 9, 2013, while traveling to visit his brother in Massachusetts. (Doc. No. 5) The officer who stopped him released him after contacting the Faulkner County Sheriff and learning that there were no warrants pending against him. (Id.) Defendant Wooley then contacted the Illinois State Police and requested that Plaintiff be arrested for failure to register as a sex offender. (Id.) Plaintiff states Wooley either knew that the registration regulation permits registration three days after establishing a ...


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