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