United States District Court, E.D. Arkansas, Eastern Division
Kirby Wright, Plaintiff, Pro Se.
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 a 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 (if such a hearing is
granted) was not offered at the hearing before the Magistrate
detail of any testimony desired to be introduced at the new
hearing 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 new hearing.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing.
your objections and "Statement of Necessity" to:
John Kirby Wright, a state inmate proceeding pro se, filed
this civil rights action pursuant to 42 U.S.C. Â§ 1983,
together with a Motion to Proceed In Forma Pauperis pursuant
to 28 U.S.C. Â§ 1915, and a Motion to Appoint Counsel (Doc.
Nos. 1, 3). Although Plaintiff submitted a declaration that
makes the showing required by Â§ 1915(a), his Motions should
be denied. 28 U.S.C. Â§ 1915(a).
Court is required to screen complaints seeking relief against
a governmental entity or officer or employee of a
governmental entity. 28 U.S.C. Â§1915(a). Additionally, the