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Caffrey v. Holiday

United States District Court, E.D. Arkansas, Western Division

May 30, 2018

THOMAS CAFFREY, #28725009 PLAINTIFF
v.
DOC HOLIDAY, et al. DEFENDANTS

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE

         INSTRUCTIONS

         The 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.

         If you 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 following:

         1. Why the record made before the Magistrate Judge is inadequate.

         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.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.

         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 72201-3325

         I. Introduction

         Plaintiff Thomas Caffrey is an inmate incarcerated at the West Tennessee Detention Facility, who filed this filed this pro se action pursuant to 42 U.S.C. § 1983 while incarcerated at the Arkansas Department of Correction (ADC). He alleged Defendants subjected him to cruel and unusual punishment which resulted in an injury while he was transported from the federal building to the Pulaski County Regional Detention Facility (Jail) on February 1, 2017. (Doc. No. 5) Defendants Holiday, Brawley, and the Jail were dismissed on October 3, 2017 (Doc. No. 22).

         This matter is before the Court on the Motion for Summary Judgment, Brief in Support and Statement of Facts filed by remaining Defendants Josh Conklin and Ray Cobb. (Doc. Nos. 23-25).[1] When Plaintiff failed to respond, this Court issued an Order on May 11, 2017, directing him to respond within fifteen days of the date of the Order (Doc. No. 26). The Court further advised Plaintiff that failure to comply with the Order would result in all of the facts set forth in Defendants' summary judgment papers being deemed admitted, or the dismissal of the action without prejudice, for failure to prosecute. (Id.) The copy of the Order sent to Plaintiff at his last-known address was returned to the Court as undeliverable on May 23, 2018 (Doc. No. 27). As of this date, Plaintiff has not responded to the Motion.

         II. ...


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