United States District Court, E.D. Arkansas, Western Division
JASON B. COPPOCK PLAINTIFF
v.
TIM RYALS, 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 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 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
Jason Coppock is an inmate incarcerated at the Faulkner
County Detention Center (Jail), who filed this pro
se action pursuant to 42 U.S.C. § 1983, alleging
numerous constitutional violations. (Doc. No. 2)
This
matter is before the Court on Defendants' Motion for
Summary Judgment, Brief in Support, and Statement of Facts
(Doc. Nos. 35-37). Plaintiff failed to respond, and by Order
dated August 10, 2018, this Court cautioned Plaintiff that
his failure to respond to the Motion within fifteen days of
the date of the Order would result in either all the facts
set forth in the Motion being deemed admitted by him, or
dismissal of the action, without prejudice, for failure to
prosecute (Doc. No. 38). As of this date, Plaintiff has not
responded to the Motion.
By
Order dated September 7, 2018, the Court directed Defendants
to supplement their Motion, within ten days, to include
information about the Jail policy governing the placement of
detainees into protective custody. (Doc. No. 39) The Court
also provided Plaintiff the opportunity to respond to the
supplement ten days after the filing. (Id.)
Defendants filed a Supplemental Summary Judgment Motion on
September 13, 2018, and as of this date, Plaintiff has not
responded. (Doc. No. 40)
II.
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