United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE, UNITED STATES MAGISTRATE JUDGE
following recommended disposition has been sent to United
States District Judge Brian S. Miller. 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 (if such a
hearing is granted) was not offered at the hearing before the
3. The 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
Coin Gross (“Plaintiff”) is a prisoner in the
Varner Super Max (“VSM”) Unit of the Arkansas
Department of Correction (“ADC”). He has filed a
pro se Amended Complaint, pursuant to 42 U.S.C.
§ 1983, alleging Defendants ADC Director Wendy Kelley,
Assistant Director Dexter Payne, Warden James Gibson, Warden
James Shipman, Assistant Warden Jared Byers, Records
Supervisor Nancy Straughn, and Records Coordinator Charonda
Rushing violated the Interstate Agreement on Detainers Act
(“IADA”) and infringed his constitutional right
to procedural due process by refusing to process his request
for final disposition of a Missouri warrant. (Doc. No. 13.)
have filed a Motion for Summary Judgment on the issue of
exhaustion and the merits of Plaintiff's claims. (Doc.
Nos. 51, 52, 53.) Plaintiff has not responded, and the time
to do so has expired. After carefully reviewing the pleadings
and for the following reasons, I conclude ...