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 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
Kendrick Wiley is a state inmate incarcerated at the Cummins
Unit of the Arkansas Department of Correction (ADC). He filed
this action pursuant to 42 U.S.C. § 1983, alleging
excessive force while incarcerated at the Monroe County Jail
in February, 2017 (Doc. No. 2). Defendants Neal and Hunter
were dismissed on April 25, 2017 (Doc. No. 16).
before the Court is the Motion for Summary Judgment, Brief in
Support, and Statement of Facts, filed by remaining Defendant
Roddy Reynolds. (Doc. Nos. 22-24) When Plaintiff failed to
respond, this Court issued an Order on December 12, 2017,
directing him to respond within fifteen days. (Doc. No. 25).
The Court further advised Plaintiff that failure to comply
with the Order would result in all of the facts set forth in
Defendant's summary judgment papers being deemed
admitted, or ...