United States District Court, E.D. Arkansas, Eastern Division
OLUWASEGUN OGUN, REG. #79645-083 PLAINTIFF
LLOYD, et al. DEFENDANTS
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
the record made before the Magistrate Judge is inadequate.
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.
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
Ogun filed this pro se 42 U.S.C. § 1983 action
while incarcerated at the Federal Correctional Institution
(FCI), Forrest City, Arkansas, and the Court granted his
Motion to proceed in forma pauperis on June 26, 2017
(Doc. No. 16). However, finding that Plaintiff's
allegations failed to state a constitutional claim for
relief, the Court directed Plaintiff to submit an Amended
Complaint within thirty days. (Id.) Plaintiff
subsequently filed a Motion to Dismiss his Complaint, which
this Court recommended be granted on July 11, 2017 (Doc. No.
21). However, he then filed an objection to the
recommendation, together with an Amended Complaint (Doc. No.
22). On December 21, 2017, United States District Judge
Kristine G. Baker denied the Recommendation as moot, and
directed me to consider Plaintiff's Amended Complaint.
(Doc. No. 26).
in the Amended Complaint, Plaintiff alleged in excess of ten
claims against fifteen individual Defendants. (Doc. No. 22)
Not all the allegations were related to each other, and most
failed to state constitutional claims for relief. Therefore,
by Order dated January 9, 2018, I found that the Amended
Complaint failed to comply with Fed.R.Civ.P. 8(a)(2), because
it did not contain a "short and plain statement of the
claim showing that the pleader is entitled to relief."
(Doc. No. 27) I then provided Plaintiff one final opportunity
in which to file a short Amended Complaint setting forth
one claim (referring to one incident)
against the Defendant or Defendants involved, which he wished
to pursue in this case. (Id.) I gave Plaintiff
specific instructions about what type of facts he should
include in the complaint, and noted that the second Amended
Complaint would render his other complaints without legal
effect, and would take the place of those
pleadings. (Id, pp. 2-3)
this date, however, Plaintiff has not submitted a second
Amended Complaint, and at least one prior Court Order sent to
him was returned to the Court as undeliverable (Doc. No. 28).
LR5.5(c)(2) of the Rules of the United States District Courts
for the Eastern and Western Districts ...