United States District Court, E.D. Arkansas, Western 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
Clerk, United States District Court Eastern District of
Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR
Virgil Ward is a state inmate confined at the North Central
Unit of the Arkansas Department of Correction (ADC). He filed
this pro se 42 U.S.C. § 1983 action, alleging
Defendant Smith refused to allow him to take legal documents
with him when he was transferred from the Jefferson County
Jail to the ADC. (Doc. No. 2) By Order dated September 28,
2018, this Court granted Plaintiff's Motion to Proceed
in forma pauperis, and directed him to file an
Amended Complaint, noting that he did not “identify the
documents for the Court to determine if they constitute legal
mail, and he does not allege that he was injured in any way
by Defendant's actions. To support a claim for denial of
access to the courts, Plaintiff must allege that
Defendant's actions caused an injury to an on-going legal
proceeding. See Lewis v. Casey, 518 U.S. 343, 351
(1996).” (Doc. No. 4, p. 3).
submitted an Affidavit, which this Court construes as a
supplement to his Complaint (Doc. No. 5). Having reviewed
such, the Court finds it should be dismissed, for ...