Flemons v. Bolden
United States District Court, E.D. Arkansas, Pine Bluff Division
September 6, 2019
AARON ANTHONY FLEMONS ADC #119749 PLAINTIFF
v.
GLENDA BOLDEN, Security Of f i c e r, East Arkansas Regional Unit, ADC, DARYL MORRIS, Security Officer, East Arkansas Regional Unit, ADC, WENDY KELLEY, Director, ADC, KEITH WADDLE, DANIEL GOLDEN DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATIONS
JOE J.
VOLPE, UNITED STATES MAGISTRATE JUDGE
INSTRUCTIONS
The
following supplemental recommended disposition has been sent
to United States District Judge D.P. Marshall, 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 (if such a
hearing is granted) was not offered at the hearing before the
Magistrate Judge.
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.
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
Aaron
Anthony Flemons (“Plaintiff”), an inmate at the
East Arkansas Regional Unit of the Arkansas Department of
Correction (“ADC”), filed this action pro
se pursuant to 42 U.S.C. ยง 1983. (Doc. Nos. 2, 41.)
He sued ADC Director Wendy Kelley, Security Officers Glenda
Bolden and Daryl Morris, as well as Keith Waddle and Daniel
Golden in their personal and official capacities. (Doc. No.
41 at 2.) He alleges Defendants violated his due process
rights by finding him guilty at a disciplinary hearing he was
prevented from attending and failing to gather and present
evidence and put on witnesses as requested by Plaintiff at a
...