United States District Court, E.D. Arkansas, Northern Division
PROPOSED FINDINGS AND RECOMMENDATIONS
INSTRUCTIONS
JOE J.
VOLPE UNITED STATES MAGISTRATE JUDGE.
The
following recommended disposition has been sent to United
States District Judge James M. Moody, 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
I.
ANALYSIS
Tommy
McGoogan (“Plaintiff”) has filed a pro
se Complaint and an Amended Complaint alleging
Defendants violated his constitutional rights at the Grimes
Unit. (Doc. Nos. 1, 4.) On November 13, 2018, I issued an
Order granting Plaintiff in forma pauperis status,
explaining his obligations under Local Rule 5.5(c)(2), and
advising him of the ...