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Marshall v. Fordyce County Jail

United States District Court, E.D. Arkansas, Pine Bluff Division

June 2, 2016

JERRY MARSHALL, SR., ADC #97894, et al. Plaintiffs,
v.
FORDYCE COUNTY JAIL, et al., Defendants.

          PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

          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:

         DISPOSITION

         I. Introduction

         Plaintiff 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. § 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 action.

         By 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 § 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).[1] Plaintiff has submitted a Second Amended Complaint (entitled Motion to Amend), adding as a Defendant Jail Administrator Brian Shaddock (Doc. No. 42).

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


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