United States District Court, E.D. Arkansas, Eastern Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JEROME T. KEARNEY, Magistrate Judge.
The following recommended disposition has been sent to United States District Judge Brian S. Miller. 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 Joe Louis Kelley filed this pro se action pursuant to 42 U.S.C. § 1983, while incarcerated at the East Arkansas Regional Unit of the Arkansas Department of Correction (ADC). He notified the Court of his release from incarceration on August 27, 2014 (Doc. No. 20). Plaintiff claims Defendants violated his constitutional rights by enforcing the ADC grooming policy, which required him to be clean-shaven, in violation of his Islamic religious beliefs (Doc. No. 4). Plaintiff asks for monetary and injunctive relief from Defendants Deputy Director Larry May, Warden Danny Burl, Deputy Warden David Mills, Senior Chaplain Alex Bray and Assistant Chaplain Antonio Neely.
This matter is before the Court on the Defendants' Motion for Summary Judgment (Doc. No. 35). Plaintiff has not filed a Response, despite the Court's April 10, 2015 Order directing such (Doc. No. 35).
II. Amended Complaint
Plaintiff alleges he was forced to shave on August 16, 2012, after months of trying to talk to Defendant Bray about his religious beliefs. (Doc. No. 4, p. 4) He claims he requested interviews from Defendants and filed grievances concerning his religious need to grow a beard, yet was denied an exemption from the ADC policy. He also complains that the ...