United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
T. KEARNEY, UNITED STATES MAGISTRATE JUDGE
following recommended disposition has been sent to United
States District Judge D. P. Marshall 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 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 Court Eastern District of
Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR
Murry is an inmate confined at the W. C. “Dub”
Brassell Adult Detention Center (Jail), who filed this
pro se 42 U.S.C. § 1983 action, alleging
improper medical care. By Order dated December 1, 2017 (Doc.
No. 4), this Court granted Plaintiff's Motion to Proceed
in forma pauperis in this lawsuit. The Court also
noted that Plaintiff's Complaint failed to state a claim
upon which relief may be granted against Defendants, and
provided him an additional period of time in which to submit
an Amended Complaint to clarify his allegations.
(Id.) Plaintiff submitted an Addendum, which this
Court construes as his Amended Complaint (Doc. No. 5).
Prison Litigation Reform Act (PLRA) requires federal courts
to screen prisoner complaints seeking relief against a
governmental entity, officer, or employee. 28 U.S.C. §
1915A(a). The Court must dismiss a complaint or portion
thereof if the prisoner has raised claims that: (a) are
legally frivolous or malicious; (b) fail to state a claim
upon which relief may be granted; ...