United States District Court, E.D. Arkansas, Western Division
SHAWN C. MOORE ADC #148759 PLAINTIFF
TIM RYALS, Sheriff, Faulkner County; et al. DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE, UNITED STATES MAGISTRATE JUDGE
following recommended disposition has been sent to United
States District Judge James M. Moody, 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
the record made before the Magistrate Judge is inadequate.
the evidence proffered at the hearing (if such a hearing is
granted) was not offered at the hearing before the Magistrate
details of any testimony desired to be introduced at the new
hearing 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 new hearing.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing. 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
C. Moore (“Plaintiff”), formerly detained at the
Faulkner County Detention Center and now incarcerated at the
East Arkansas Regional Unit of the Arkansas Department of
Correction (“ADC”), filed this action pro
se pursuant to 42 U.S.C. § 1983. (Doc. No. 2.) He
alleges he and other detainees at the Faulkner County
Detention Center were unable to get the attention of guards
because their cells did not have working intercoms.
(Id. at 4.) After careful review of Plaintiff's
Complaint, I find it should be dismissed without prejudice
for failure to state a claim upon which relief may be
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 ...