United States District Court, E.D. Arkansas, Eastern Division
PROPOSED FINDINGS AND RECOMMENDATIONS
T. KEARNEY, UNITED STATES 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 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
1. Why the record made before the Magistrate Judge is
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.
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:
Clerk, United States District C3ourt Eastern District of
Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR
James Wilson is an inmate confined at the Cross County
Detention Center (Jail), who filed this pro se 42
U.S.C. § 1983 action alleging improper conditions of
confinement at the Jail (Doc. No. 1). By Order dated October
19, 2017, this Court granted Plaintiff's Motion to
Proceed in forma pauperis in this lawsuit. (Doc. No.
6) However, finding the complaint too vague and conclusory to
enable the Court to determine whether it was frivolous,
malicious, or failed to state a claim, the Court provided
Plaintiff the opportunity to amend his complaint within
thirty days. (Id., p. 3) As of this date, Plaintiff
has not filed an Amended Complaint.
reviewed Plaintiff's Complaint, the Court finds it should
be dismissed, for failure to state a ...