United States District Court, E.D. Arkansas, Jonesboro 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 Davon Donn is an inmate confined at the Craighead County Detention Center (Jail). He filed this pro se 42 U.S.C. § 1983 action against Defendants, alleging several improper conditions of confinement. This Court granted Plaintiff's Motion to proceed in forma pauperis on January 6, 2016, and directed Plaintiff to file an amended complaint which more specifically set forth his allegations against the Defendants (Doc. No. 4). Although Plaintiff filed an Amended Complaint on January 19, 2016 (Doc. No. 6), he failed to comply with the instructions set forth in the January 6, 2016 Order. Therefore, the Court granted Plaintiff one final opportunity to amend his Complaint within thirty days in accordance with that Order, on January 25, 2016 (Doc. No. 7). The Court specifically set forth the facts which Plaintiff should include, and warned him that failure to comply with the Order would result in the dismissal of his Complaint, for failure to state a claim upon which relief may be granted. (Id.) As of this date, Plaintiff has not responded to the Court's January 25, 2016 Order.
Having reviewed Plaintiff's Original and Amended Complaints (Doc. Nos. 1, 6), the Court finds the case should be dismissed for failure to state a ...