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Ashley v. Moody

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

August 3, 2018

RICKY ASHLEY PLAINTIFF
v.
JAMES M. MOODY, United States District Judge, Eastern District of Arkansas; and JAMES M. MOODY, JR., United States District Judge, Eastern District of Arkansas DEFENDANTS

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE.

         INSTRUCTIONS

         The following recommended disposition has been sent to Chief United States District Judge Brian S. Miller. 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 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 following:

1. Why the record made before the magistrate judge is inadequate.
2. Why the evidence proffered at the hearing (if such a hearing is granted) was not offered at the hearing before the magistrate judge.
3. The 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.

         From 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 72201-3325

         DISPOSITION

         Ricky Ashley (“Plaintiff”) is confined in the Saline County Detention Facility and brings this action pro se pursuant to 42 U.S.C. ยง 1983. (Doc. No. 2.) He also has filed an Application to Proceed Without Prepayment ...


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