United States District Court, E.D. Arkansas, Eastern Division
BILLY D. WHEELER, ADC #127742 PLAINTIFF
ANDREWS, et al. DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATIONS
T. KEARNEY, 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 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
Billy Wheeler is a state inmate incarcerated at the East
Arkansas Regional Unit of the Arkansas Department of
Correction (ADC). He filed this action pursuant to 42 U.S.C.
§ 1983, alleging Defendants improperly classified him
into a job which conflicted with his medical restrictions.
(Doc. No. 5) Defendants Andrews, Minor, Deen and Harper were
dismissed on October 19, 2018 (Doc. No. 14).
before the Court are the Motion for Summary Judgment, Brief
in Support, and Statement of Facts, filed by remaining
Defendants Valerie Westbrook and Douglas Swiney (Doc. Nos.
18-20). When Plaintiff failed to respond, this Court issued
an Order on January 3, 2019, directing him to respond within
fifteen days of the date of the Order (Doc. No. 21). The
Court further advised Plaintiff that failure to comply with
the Order would result in all of the facts set forth in
Defendants' summary judgment papers being deemed