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 Court Judge Susan Webber Wright. 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:
Berry, a state inmate incarcerated at the North Central Unit
of the Arkansas Department of Correction (ADC), has been
granted in forma pauperis status in this action filed
pursuant to 42 U.S.C. Â§ 1983. In his complaint, Plaintiff
alleges Defendants: 1)failed to follow parole policies and
regulations by providing Plaintiff only seven days, rather
than fourteen days' notice of a parole hearing; 2) failed
to provide to him written notice of the hearing: 3) failed to
provide a personal interview prior to the hearing; 4) failed
to obtain Plaintiff's signature on the hearing notice; 5)
failed to ask questions of the institutional release
officers; and 6) failed to review Plaintiff's inmate
records prior to the hearing. Plaintiff also claims
Defendants conspired to require him to stay at the Ouachita
Unit to attend the Reduction of Sexual Victimization Program
(RSVP). He asks for monetary and injunctive relief from
Defendants, who are members of the Arkansas Parole Board and
Institutional Release Officers at the Ouachita River Unit.
reviewed Plaintiff's Complaint, the Court finds it should
be dismissed, for failure to state a ...