Estell v. Does

          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 ...