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 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 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
Terry Lee is a state inmate incarcerated at the East Arkansas
Regional Unit of the Arkansas Department of Correction (ADC).
He filed this pro se action pursuant to 42 U.S.C.
§ 1983, alleging denial of access to the courts, in
violation of his First Amendment right. (Doc. No. 2)
Defendants Reed, Naylor, Kelly, Jackson, Andrews, Lay and
Does were dismissed on January 3, 2018 (Doc. No. 15).
before the Court is the Motion to Dismiss filed by remaining
Defendant Amanda Granger (Doc. No. 17), to which Plaintiff
responded (Doc. No. 24).
alleged that he gave Defendant Granger eight copies of a
brief to be mailed to the Arkansas Supreme Court, prior to
the deadline of October 27, 2016. (Doc. No. 2, p. 14)
However, the Supreme Court only received five of the eight
briefs, and he claimed that Defendant Granger removed the
other three briefs prior to mailing, in retaliation against
him. (Id., ...