United States District Court, E.D. Arkansas, Jonesboro Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JOE J.
VOLPE UNITED STATES MAGISTRATE JUDGE.
INSTRUCTIONS
The
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 a waiver of the right to
appeal questions of fact.
If you
are objecting to the recommendation and also desire to submit
new, different, or additional evidence, and to have a new
hearing for this purpose before either the District Judge or
Magistrate Judge, you must, at the time you file your written
objections, include the following:
1. Why the record made before the Magistrate Judge is
inadequate.
2. Why the evidence to be proffered at the new hearing (if
such a hearing is granted) was not offered at the hearing
before the Magistrate Judge.
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.
From
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 72201-3325
DISPOSITION
On
December 19, 2018, Ronnie Junior Nixon
(“Plaintiff”) filed a pro se Complaint,
pursuant to 42 U.S.C. ยง 1983, alleging Defendants
violated his constitutional rights. (Doc. No. 1.) Plaintiff,
who was confined in the Poinsett County Detention Center, did
not file an Application to ...