United States District Court, E.D. Arkansas, Western Division
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE MAGISTRATE JUDGE.
following recommended disposition has been sent to United
States District Judge Billy Roy Wilson. 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 (if such a hearing is
granted) was not offered at the hearing before the Magistrate
details 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. Mail your
objections and “Statement of Necessity” to:
Clerk, United States District Court Eastern District of
Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR
Haynes (“Plaintiff”) is incarcerated at the
Tucker Unit of the Arkansas Department of Correction and
filed this action pro se pursuant to 42 U.S.C.
§ 1983. (Doc. No. 1.) Plaintiff alleges that while he
was incarcerated at the White County Detention Center, he was
harassed and treated inhumanely and unjustly by Defendants,
either out of retaliation or because of personal vendettas
Defendants held against him. (Id. at 4.) Plaintiff
includes four allegations of improper treatment: (1) holding
him in twenty-three hour lockup when he belonged in open
population; (2) the “handling” of his food; (3)
keeping him from “all outside contacts”; and (4)
endangering his life by “not answering speaker.”
(Id.) Plaintiff seeks monetary and injunctive relief
for these alleged violations. (Id. at 5.)
careful review of the Complaint, I find it should be
dismissed without prejudice for failure to state a claim upon
which relief may be granted.
Prison Litigation Reform Act (“PLRA”) requires
federal courts to screen prisoner complaints seeking relief
against a governmental entity, ...