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