United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JEROME
T. KEARNEY, UNITED STATES MAGISTRATE JUDGE.
INSTRUCTIONS
The
following recommended disposition has been sent to United
States District 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.
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
DISPOSITION
I.
Introduction
Plaintiff
Derrick Estell is a state inmate confined at the Varner Super
Max Unit of the Arkansas Department of Correction (ADC), who
filed this pro se 42 U.S.C. § 1983 action
against unnamed Defendants, alleging numerous allegedly
improper conditions/actions. (Doc. No. 2.) By Order dated
September 7, 2018 (Doc. No. 3), this Court directed Plaintiff
to pay the $400 filing fee for this action or file a Motion
to Proceed in forma pauperis and directed Plaintiff to amend
his Complaint within thirty days. Plaintiff has now complied
with the September 7, 2018 Order (Doc. Nos. 4, 5).
Having
reviewed Plaintiff's Amended Complaint, the Court finds
it should be dismissed for failure to state a ...