United States District Court, E.D. Arkansas, Eastern Division
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE UNITED STATES MAGISTRATE JUDGE
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.
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 (if such a hearing is
granted) was not offered at the hearing before the Magistrate
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.
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
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.
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 ...