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Pruitt v. Williams

United States District Court, E.D. Arkansas, Western Division

February 2, 2017

MICHAEL ANTHONY PRUITT PLAINTIFF
v.
C. WILLIAMS, Lieutenant, White County Detention Center; et al. DEFENDANTS

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE

         INSTRUCTIONS

         The following recommended disposition has been sent to Chief 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 (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The 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.

         From 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 72201-3325

         DISPOSITION

         I. INTRODUCTION

         Michael Pruitt (“Plaintiff”) and two other plaintiffs filed this action pro se and pursuant to 42 U.S.C. § 1983. (Doc. No. 1.) They allege Defendants violated his First Amendment rights with regard to the free exercise of religion. (Id. at 4.) On December 13, 2016, I notified Plaintiff that his Complaint was devoid of facts and failed to state a claim upon which relief may be granted. (Doc. No.7.) I suggested dismissal would be likely and offered him a chance to amend within thirty days. (Id.)

         On January 12, 2017, Plaintiff requested additional time to “submit an appeal for this case” but I denied that Motion because there had been no appealable order filed. (Doc. No. 9.) Nevertheless, I extended the time for Plaintiff to choose whether or not he wanted to file an Amended Complaint until February 1, 2017. (Id.) The time has expired for Plaintiff to file an Amended Complaint and he has filed nothing. So after careful consideration of Plaintiff's Complaint, for the following reasons, I conclude this cause of action should be dismissed for failure to state a claim upon which relief may be granted.

         II. ...


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