United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
T. KEARNEY, UNITED STATES MAGISTRATE JUDGE
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.
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
1. Why the record made before the Magistrate Judge is
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.
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
Isaac Gatewood is a state inmate incarcerated at the Varner
Unit of the Arkansas Department of Correction (ADC). He filed
this action pursuant to 42 U.S.C. § 1983, alleging
Defendants falsely accused him of attacking other inmates and
violated his due process rights when they failed to properly
investigate the incident. Defendant Gibson was dismissed on
February 26, 2018 (Doc. No. 8).
before the Court is the Motion for Summary Judgment, Brief in
Support, and Statement of Facts, filed by remaining
Defendants Demery and Hester (Doc. Nos. 18-20). When
Plaintiff failed to respond, this Court issued an Order on
September 24, 2018, directing him to respond within fifteen
days of the date of the Order (Doc. No. 23). 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