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 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
(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
the record made before the Magistrate Judge is inadequate.
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.
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
Danny Williams, an inmate incarcerated at the Dallas County
Detention Center, filed this pro se action pursuant
to 42 U.S.C. § 1983, alleging excessive force while he
was incarcerated at the Pulaski County Detention Center
(hereinafter referred to as the “Jail”) in June
2017. Defendant Jail was dismissed on May 4, 2018 (Doc. No.
matter is before the Court on the Motion for Summary
Judgment, Brief in Support, and Statement of Facts, filed by
remaining Defendant David Carrasquillo (Doc. Nos. 31-33).
Plaintiff did not respond, and by Order dated January 3,
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.
34). As of this date, Plaintiff has not responded to the
alleged that during a shake-down at the Jail on June 28,
2017, Defendant pushed him into a wall and ...