United States District Court, E.D. Arkansas, Western Division
PROPOSED FINDINGS AND RECOMMENDATIONS
T. KEARNEY, UNITED STATES MAGISTRATE JUDGE.
following recommended disposition has been sent to United
States District Judge Billy Roy Wilson. 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
Michael Robertson is a state inmate confined at the Cummins
Unit of the Arkansas Department of Correction (ADC). He filed
this pro se 42 U.S.C. § 1983 action against
Defendants based on an incident which occurred in 2015 at the
Pulaski County Detention Center (Jail). (Doc. No. 2.) By
Order dated April 15, 2019, this Court granted
Plaintiff's Motion to Proceed in forma pauperis
in this lawsuit and provided him the opportunity to amend his
Complaint based on his failure to include specific
allegations against Defendant Holladay and other relevant
information about his claims. Plaintiff filed an Amended
Complaint (Doc. No. 6).
reviewed Plaintiff's Amended Complaint, the Court finds
it should be dismissed for failure to state a ...