United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE UNITED STATES MAGISTRATE JUDGE
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.
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
Shirhashirim (“Plaintiff”) is incarcerated at the
Varner Unit of the Arkansas Department of Correction and
filed this action pro se pursuant to 42 U.S.C.
§ 1983. (Doc. No. 2.) He sued James Gibson, Warden of
the Varner Unit, Walter Washigton, a Lieutenant at Varner,
and Wendy Kelley, Director of the ADC. He sued each Defendant
in his or her official capacity only. (Id. at 2,
5-7.) Plaintiff alleges Defendant Washigton restrained his
hand as it was in the food trap and hit his hand with the
metal food flap bar, causing permanent disfigurement.
(Id. at 4.) Plaintiff further alleges Defendant
Gibson lied to internal affairs about the details of the
incident and wrongly upheld the disciplinary action Plaintiff
received in connection with Defendant Washigton's version
of the events. (Id. at 4.) He maintains that
Defendant Kelley ignored all his claims, and that Defendants
Kelley and Gibson failed to discipline Defendant Washigton.
(Id. at 4, 7.) Plaintiff seeks damages.
(Id. at 8.) After careful review of Plaintiff's
Complaint (Doc. No. 2), I find it should be dismissed without
prejudice for failure to state a claim upon which relief may
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 ...