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Berryman v. Allison

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

January 23, 2018

MICHAEL RAY BERRYMAN, ADC #660070 PLAINTIFF
v.
TYRONE ALLISON, et al. DEFENDANTS

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE

         INSTRUCTIONS

         The following recommended disposition has been sent to United States District Judge Kristine G. Baker. 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 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.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.

         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

         Plaintiff Michael Berryman is a state inmate incarcerated at the North Central Unit of the Arkansas Department of Correction (ADC), who filed this pro se 42 U.S.C. § 1983 action. (Doc. No. 2). By Order dated November 29, 2017, this Court granted Plaintiff's Motion to Proceed in forma pauperis and directed him to file an Amended Complaint, noting that his allegations against Defendants Allison and East Arkansas Regional Unit failed to state a constitutional claim for relief (Doc. No. 5). Plaintiff filed an Amended Complaint, adding Warden Andrews and Major Knotts as Defendants (Doc. No. 7). However, noting that his allegations against these two Defendants also failed to state constitutional claims for relief, the Court on December 18, 2017, granted Plaintiff one final opportunity in which to amend his Complaint, within thirty days (Doc. No. 8). The Court specifically directed Plaintiff to: “submit a single document which lists his Defendants, specifies the actions each of the Defendants took against Plaintiff, and how those actions violated Plaintiff's constitutional rights. In addition, Plaintiff should include specific facts about Defendants' involvement with the incident at issue, together with their knowledge of the situation or certain facts which are directly related to that incident. Plaintiff should, as noted in previous Orders, include, where applicable, dates, times, and places of the alleged inappropriate actions of the Defendant(s).” (Doc. No. 8, pp. 2-3)

         As of this date, Plaintiff has not submitted a second Amended Complaint in ...


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