United States District Court, E.D. Arkansas, Western Division
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE, UNITED STATES MAGISTRATE JUDGE.
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.
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
Banks (“Plaintiff”), incarcerated at the Pulaski
County Detention Center, filed this action pro se
pursuant to 42 U.S.C. § 1983. (Doc. No. 1.) He did not
pay the $400 filing fee or submit an Application to Proceed
Without Prepayment of Fees and Affidavit. On May 17, 2019, I
directed Plaintiff to submit either (1) the statutory filing
fee of $400; or (2) a properly completed Application to
Proceed Without Prepayment of Fees and Affidavit within
thirty (30) days of the entry date of this Order. (Doc. No.
2.) I advised Plaintiff that his failure to do one or the
other would result in the dismissal of his case without
prejudice. (Id.) Plaintiff has not paid the filing
fee or asked to proceed in forma pauperis, and the
time in which he was given to do so has passed.
on May 17, 2019, I also explained to Plaintiff that his
claims as currently pled are defective. (Id.) He
sued Turn Key Medical but made no allegations in his
Complaint; he only attached a sick call request form and
medical inmate request form in which he alleges he is not
getting his blood pressure medicine, without identifying who
failed to give it to him. (Doc. No. 1.) I explained to
Plaintiff that if he intended to sue employees of Turn Key
Medical, he must name them and explain what each Defendant
did to violate his rights. (Doc. No. 2.) I further explained
that to establish liability on an official-capacity claim, he
must identify a policy or custom that inflicted an actionable
injury, which he failed to do in his Complaint.
(Id.) I also made clear that vicarious liability is
inapplicable to a § 1983 action. (Id.)
Plaintiff was directed to file an Amended Complaint within
thirty (30) days of the date of my Order, if he so wished, to
cure these deficiencies. More than thirty (30) days have
passed, and Plaintiff has not filed ...