United States District Court, E.D. Arkansas, Eastern Division
RICKEY T. TAYLOR, ADC #110675, and DE'MARION D. ROBINSON, ADC #150420 PLAINTIFFS
WENDY KELLEY, et al. DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATIONS
T. KEARNEY UNITED STATES MAGISTRATE JUDGE
following recommended disposition has been sent to United
States District Judge James M. Moody, Jr. 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 to be proffered at the hearing before the
District Judge (if such a hearing is granted) was not offered
at the hearing before the Magistrate Judge.
details 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:
United States District Court Eastern District of Arkansas 500
West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325
Taylor and Robinson are state inmates incarcerated at the
East Arkansas Regional Unit of the Arkansas Department of
Correction (ADC).They filed this action pursuant to 42 U.S.C.
§ 1983, alleging a violation of their First Amendment
Right to free exercise of their religion, when Defendants
failed to timely provide them with a fast-breaking snack on
the final day of Ramadan. Plaintiffs ask for both monetary
and injunctive relief from the Defendants. Defendants Connor
and Neely were dismissed on July 5, 2016 (Doc. No. 53), and
Defendants Kelley, Reed, Earl, and Bailey, were dismissed on
September 27, 2016 (Doc. No. 73).
before the Court is the Motion for Summary Judgment, Brief in
Support and Statement of Facts, filed by remaining Defendants
Bray, Burnett, Gilmore, Graham, Lay, and Randle (Doc. Nos.
78-80). By Order dated December 13, 2016 (Doc. No. 82), this
Court directed Plaintiffs to file a Response to the Motion
within fifteen days, noting that failure to timely and
properly respond would result in all of the facts set forth
in the Summary Judgment papers being deemed admitted by
Plaintiffs, or the dismissal of the action without prejudice.
Plaintiffs then filed a Motion for Extension of Time (Doc.
No. 86), which this Court granted on ...