United States District Court, E.D. Arkansas, Western Division
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE, UNITED STATES MAGISTRATE JUDGE
following recommended disposition has been sent to United
States District Judge Susan Webber Wright. 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
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 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
1. Why the record made before the Magistrate Judge is
2. Why the evidence proffered at the hearing (if such a
hearing is granted) was not offered at the hearing before the
3. The details of any testimony desired to be introduced at
the new hearing 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 new hearing.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing. 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
Wayne Bell, Sr. (“Plaintiff”), currently confined
in the Faulkner County Detention Center, filed this action
pro se pursuant to 42 U.S.C. § 1983. (Doc. No.
2.) He sued Rally's Hamburgers
(“Rally's”) and Teshara Garlington, a
Rally's manager. (Id.) According to his
Complaint, Plaintiff was arrested on September 6, 2018, and
bond was set at $5, 000. (Id. at 4.) At the time, he
was apparently employed by Rally's. (Id.)
Plaintiff alleges that Defendant Garlington offered to take
Plaintiff's paycheck to bail him out, but then spent the
money instead. (Id.) When Plaintiff contacted
Defendant Garlington, she allegedly hung up on him.
(Id.) Plaintiff seeks to recover his paycheck and
unemployment fees and to be compensated for his time in jail.
(Doc. No. 2, at 5.) After carefully reviewing Plaintiff's
Complaint, I find that he failed to state a claim upon which
relief can be granted and recommend that his Complaint be
dismissed without prejudice.
Prison Litigation Reform Act (PLRA) requires federal courts
to screen prisoner complaints seeking relief against a
governmental entity, officer, or employee. 28 U.S.C. §
1915A(a). The Court must dismiss a complaint or portion
thereof if the prisoner has raised claims that: (a) are
legally frivolous or malicious; (b) fail to state a claim
upon which relief may be granted; ...