United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
T. KEARNEY 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
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
Clerk, United States District Court Eastern District of
Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR
Vandermolen, a state inmate confined at the North Central
Unit of the Arkansas Department of Correction (ADC), filed
this pro se 42 U.S.C. § 1983 action, alleging a
due process violation with respect to a disciplinary charge
and conviction he received. (Doc. No. 2) Plaintiff asks for
injunctive relief in the form of restoration of good time,
expungement of the disciplinary conviction, reinstatement of
his prison job and termination of an employee. (Id.
at p. 9)
reviewed Plaintiff's Complaint, the Court finds it should
be dismissed, for failure to state a claim upon which relief
may be granted.
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 ...