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Berry v. Carpenter

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

May 25, 2016

ROBERT EDWARD BERRY, ADC #160002, Plaintiff,
v.
ABRAHAM CARPENTER, et al., Defendants.

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JEROME T. KEARNEY, Magistrate Judge.

         INSTRUCTIONS

         The 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.

         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:

         DISPOSITION

         I. Introduction

         Plaintiff 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. § 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.

         Having reviewed Plaintiff's Complaint, the Court finds it should be dismissed, for failure to state a ...


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