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Thomas v. Mayes

United States District Court, E.D. Arkansas, Eastern Division

April 11, 2019

SAMUEL LEWIS THOMAS, ADC #160799 PLAINTIFF
v.
BOBBY MAYES, Sheriff, St. Francis County; and Doe, unknown Head of Jail DEFENDANTS

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE

         INSTRUCTIONS

         The 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.

         If you 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 following:

         1. Why the record made before the Magistrate Judge is inadequate.

         2. Why the evidence proffered at the 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. INTRODUCTION

         Samuel Lewis Thomas (“Plaintiff”) is a prisoner in the Varner Unit of the Arkansas Department of Correction. He has filed a pro se Second Amended Complaint alleging Defendants Sheriff Bobby Mayes and Doe, the unknown Head Jailer, violated his constitutional rights while he was a pretrial detainee at the St. Francis County Jail. (Doc. No. 8.) For the following reasons, I recommend the Second Amended Complaint be dismissed without prejudice for failure to state a plausible claim for relief.[1]

         II. SCREENING

         The Prison Litigation Reform Act requires federal courts to screen prisoner complaints seeking relief against a governmental entity, officer, or employee. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that: (a) are legally frivolous or malicious; (b) fail to state a claim upon which relief may be granted; or ...


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