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Wilson v. Carter

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

March 9, 2015

DANIEL WILSON, ADC #138100, Plaintiff,
v.
BETH CARTER, 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 Billy Roy Wilson. 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 either the District Judge or Magistrate Judge, you must, at the time you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.

2. Why the evidence to be proffered at the new hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.

3. The details of any testimony desired to be introduced at the new hearing 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 new hearing.

From this submission, the District Judge will determine the necessity for an additional evidentiary hearing.

Mail your objections and "Statement of Necessity" to:

DISPOSITION

I. Introduction

Plaintiff Daniel Wilson is an inmate incarcerated at the Southwest Arkansas Community Correction Center in Texarkana, Arkansas. He filed this pro se action, pursuant to 42 U.S.C. ยง 1983, claiming Defendants were responsible for the denial of his parole plan (Doc. No. 1). By Order dated February 4, 2015, this Court granted Plaintiff's Motion to proceed in forma pauperis in this action, and provided him the opportunity to amend his Complaint within thirty days, noting that the allegations of his Complaint were too vague for the Court to determine if they stated a claim upon which relief may be granted (Doc. No. 5). Plaintiff, however, has not filed an Amended Complaint in accordance with that Order.

After carefully reviewing Plaintiff's Complaint, the Court concludes it should be dismissed for failure to state a claim ...


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