United States District Court, E.D. Arkansas, Jonesboro Division
MARIO R. ZEPEDA-CARRANZA, ADC #168194 PLAINTIFF
v.
KEITH BOWERS, et al. DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATIONS
JEROME
T. KEARNEY, UNITED STATES MAGISTRATE JUDGE
INSTRUCTIONS
The
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.
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 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.
From
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing, either
before the Magistrate Judge or before the District Judge.
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
Plaintiff
Mario Zepeda-Carranza is an inmate confined at the Craighead
County Detention Facility (Jail) who filed this pro
se 42 U.S.C. § 1983 action alleging violations of
his medical and religious dietary restrictions (Doc. No. 2).
By Order dated April 22, 2019 (Doc. No. 4), this Court
granted Plaintiff's Motion to Proceed in forma
pauperis and directed him to submit an Amended Complaint
within thirty days, noting he did not include specific
factual allegations against any of the three Defendants. As
of this date, Plaintiff has not submitted an Amended
Complaint.
Having
reviewed Plaintiff's Complaint, the Court finds it should
be dismissed, for failure to state a ...