United States District Court, E.D. Arkansas, Western Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JEROME
T. KEARNEY UNITED STATES MAGISTRATE JUDGE.
INSTRUCTIONS
The
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 a waiver of the right to
appeal questions of fact.
If you
are objecting to the recommendation and 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 (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 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.
From
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
72201-3325
DISPOSITION
I.
INTRODUCTION
Plaintiff
Ricky Ashley, a state inmate proceeding pro se,
filed this civil rights action pursuant to 42 U.S.C. §
1983, together with a Motion to Proceed In Forma
Pauperis pursuant to 28 U.S.C. § 1915 (Doc. No. 1).
Although Plaintiff submitted a declaration that makes the
showing required by § 1915(a), his Motion should be
denied. 28 U.S.C. § 1915(a).
II.
...