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Winston v. Corizon Medical Services, Inc.

United States District Court, E.D. Arkansas, Eastern Division

August 11, 2014

CHARLES A. WINSTON, ADC # 84733, Plaintiff,
v.
CORIZON MEDICAL SERVICES, INC.; et al., Defendants.

PROPOSED FINDINGS AND RECOMMENDATIONS

JOE J. VOLPE, Magistrate Judge.

INSTRUCTIONS

The following 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 a 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 new hearing for this purpose before either the District Judge or Magistrate Judge, you must, at the time you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.

2. Why the evidence to be proffered at the new 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:

DISPOSITION

I. INTRODUCTION

Charles A. Winston ("Plaintiff") is an inmate of the Arkansas Department of Correction ("ADC"). He filed this action pro se pursuant to 42 U.S.C. § 1983, alleging that Defendants violated his Eighth Amendment rights by exhibiting deliberate indifference toward his serious medical needs. Now, Defendants have filed two Motions for Summary Judgment, one on behalf of Defendant Kelley, and another on behalf of the remaining Defendants ("Corizon Defendants") (Doc. Nos. 39, 42). Plaintiff has not responded substantively to either Motion within the time allotted.[1] Both Motions are now ripe for disposition.

II. BACKGROUND

In March 2010, Plaintiff was seen by Dr. Hughes for a fungus on his toenails (Doc. No. 44 ¶ 5-6). Dr. Hughes removed the toenails from Plaintiff's left and right great toes ( Id. ) and prescribed "griseofulvin" for thirty days with two refills (Doc. No. 40 ¶ 3). Plaintiff received refills on April 14, 2010, and May 5, 2010 (Doc. No. 5 at 5). The prescription expired on June 9, 2010 (Doc. No. 39 ¶ 3).

After the prescription expired, Plaintiff complained to APN Campbell concerning his lack of medication (Doc. No. 40 ¶ 4). She referred him to Dr. Hughes (Doc. No. 44 ¶ 9). Hughes examined Plaintiff and judged there was no ...


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