United States District Court, E.D. Arkansas, Eastern Division
RANDY SCOTT NELSON, REG. #32204-001 PLAINTIFF
UNITED STATES OF AMERICA, et al. DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATIONS
T. KEARNEY, UNITED STATES MAGISTRATE JUDGE.
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 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
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
Randy Nelson is a former federal inmate who filed this
federal civil rights action pursuant to Bivens v. Six
Unknown Named Agents, 403 U.S. 388 (1971), based on an
incident which occurred during his incarceration at the
Federal Correctional Institution (FCI), Forrest City,
Arkansas in May 2016.
matter is before the Court on Motion for Summary Judgment,
Brief in Support, and Statement of Facts filed by remaining
Defendants Gotreaux, Rivera, and Tindel (Doc. Nos. 76-78).
When Plaintiff failed to respond, this Court issued an Order
on March 11, 2019, directing him to respond within fifteen
days of the date of the Order (Doc. No. 81). 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