United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
following final recommended disposition has been sent to
United States District Court Judge D. P. Marshall, 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
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 72201-3325
Martinez, an inmate in the Arkansas Department of Correction
(ADC), filed a habeas petition (Doc. No. 2) on November 13,
2017. He later filed a Motion for Temporary Restraining Order
and Preliminary Injunction (Doc. No. 14) on December 13,
2017. On January 19, 2018, Martinez filed a second habeas
petition in No. 5:18-cv-00019 DPM-JTK. The district court
construed the new petition as an amendment to the instant
petition, and the pleading was filed as an Amended Petition
(Doc. No. 40) on January 29, 2018. On January 31, 2018,
Martinez filed another Motion for Temporary Injunction (Doc.
No. 43). The previous motion for injunction (Doc. No. 36) has
been resolved in a partial recommended disposition
(See Doc. No. 56). The ...