United States District Court, E.D. Arkansas, Western Division
PROPOSED FINDINGS AND RECOMMENDATIONS
T. KEARNEY, Magistrate Judge.
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.
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
the record made before the Magistrate Judge is inadequate.
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.
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.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing, either
before the Magistrate Judge or before the District Judge.
your objections and "Statement of Necessity" to:
Joshua Wallace filed this pro se action pursuant to 42 U.S.C.
Â§ 1983, while incarcerated at the Saline County Detention
Facility (Doc. No. 2). His allegations that he was improperly
denied access to a law library and denied regular exercise
opportunities were dismissed by Order dated August 7, 2015
(Doc. No. 22). His remaining claim is that he was placed in a
disciplinary section of the Jail on two separate occasions
without a due process hearing. He asks for monetary relief
from Defendant Wright, the Sheriff of Saline County.
matter is before the Court on Defendant's Motion for
Summary Judgment, Brief in Support and Statement of Facts
(Doc. Nos. 25-27). By Order dated April 5, 2016, this Court
directed Plaintiff to file a Response to the Motion within
fifteen days of the date of the Order, and cautioned him that
failure to respond would result in "all of the facts set
forth in Defendant's summary judgment papers being deemed
admitted by Plaintiff, " or "dismissal of this
action, without prejudice, pursuant to Local Rule
5.5(c)(2)." (Doc. No. 28, p. 2.) As of this date,
Plaintiff has not responded to the Motion or otherwise
corresponded with the Court.
Summary Judgment Motion
to FED.R.CIV.P. 56(a), summary judgment is appropriate if the
record shows that there is no genuine issue of material fact
and the moving party is entitled to judgment as a matter of
law. See Dulany v. Carnahan, 132 F.3d 1234, 1237
(8th Cir. 1997). "The moving party bears the initial
burden of identifying those portions of the pleadings,
depositions, answers to interrogatories, and admissions on
file, together with the affidavits, if any, which it believes
demonstrate the absence of a genuine issue of material
fact.'" Webb v. Lawrence County, 144 F.3d
1131, 1134 (8th Cir. 1998), quoting Celotex Corp. v.
Catrett, 477 U.S. 317, 323 (1986) (other citations
omitted). "Once the moving party has met this burden,
the non-moving party cannot simply rest on mere denials or
allegations in the pleadings; rather, the non-movant must set
forth specific facts showing that there is a genuine issue
for trial.'" Id. at 1135. Although the
facts are viewed in a light most favorable to the ...