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 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 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
Robert Faber, a state inmate incarcerated at the Southwest
Community Correction Center, filed this pro se
action pursuant to 42 U.S.C. § 1983, alleging inadequate
medical care and treatment while he was incarcerated at the
Faulkner County Detention Center in 2017-2018. Defendants
Stewart, Royals, and Andrews were dismissed on April 9, 2018
(Doc. No. 15).
matter is before the Court on the Motion for Summary
Judgment, Brief in Support, and Statement of Facts, filed by
remaining Defendant Nurse Monte Munyan (Doc. Nos. 21-23).
Plaintiff did not respond, and by Order dated December 6,
2018, this Court cautioned Plaintiff that his failure to
respond to the Motion within fifteen days of the date of the
Order would result in either all the facts set forth in the
Motion being deemed admitted by him, or dismissal of the
action, without prejudice, for failure to prosecute (Doc. No.
24). As of this date, Plaintiff has not responded to the