United States District Court, E.D. Arkansas, Eastern Division
GABRIEL GONZALEZ, REG. #30515-112 PLAINTIFF
GENE BEASLEY, et al. DEFENDANTS
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
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 72201-3325
Gabriel Gonzalez is a federal inmate incarcerated at the
Forrest City Low Federal Correctional Institution (FCI), who
filed this federal civil rights action pursuant to Bivens
v. Six Unknown Named Agents, 403 U.S. 388 (1971).
Plaintiff alleged Defendants retaliated against him and
prevented him from practicing his Catholic religion,
submitted a false declaration in a previous lawsuit, denied
him medicated shampoo, and improperly punished him by
removing word processing equipment.
matter is before the Court on the Motion to Dismiss filed by
Defendants Beasley, Gaither-Miller, Kruger, and Rivera (Doc.
Nos 42). Plaintiff filed responses to the Motion (Doc. Nos.
47, 48). On February 5, 2019, this Court issued an Order
construing Defendants' Motion to Dismiss as a Summary
Judgment Motion and providing the parties the opportunity to
submit additional matters relevant to their filings within