United States District Court, E.D. Arkansas, Pine Bluff Division
JERRY MARSHALL, SR., ADC #97894, et al. Plaintiffs,
FORDYCE COUNTY JAIL, et al., Defendants.
PROPOSED FINDINGS AND RECOMMENDATIONS
T. KEARNEY, Magistrate Judge.
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.
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:
Frederick Rainey is a state inmate confined at the
Wrightsville Unit of the Arkansas Department of Correction
(ADC). He and several other inmates filed this pro se 42
U.S.C. Â§ 1983 action against the Fordyce County Jail,
alleging unconstitutional conditions of confinement (Doc. No.
2). All the other co-Plaintiffs have been dismissed from this
Order dated April 5, 2016, this Court granted Rainey's
Motion to Proceed in forma pauperis, and provided him the
opportunity to file an Amended Complaint, noting that the
Jail was not considered a person within the meaning of Â§
1983, and that his allegations of mold in the Jail failed to
state claim upon which relief could be granted (Doc. No. 23).
Rainey then submitted an Amended Complaint, naming as a
Defendant Sheriff Stan McGahee (Doc. No. 38). However,
Rainey's allegations against McGahee again did not state
a claim, so the Court granted Plaintiff one final opportunity
in which to amend his Complaint, by Order dated May 5, 2016
(Doc. No. 40). Plaintiff has submitted a Second
Amended Complaint (entitled Motion to Amend), adding as a
Defendant Jail Administrator Brian Shaddock (Doc. No. 42).
reviewed Plaintiff's Second Amended Complaint, the Court
finds it should be dismissed for failure to state a ...