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Thomas v. Holladay

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

October 9, 2014

GLEN J. THOMAS, Plaintiff,
v.
DOC HOLLADAY, Pulaski County Sheriff, Defendant.

PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

JOE J. VOLPE, Magistrate Judge.

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 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:

DISPOSITION

I. INTRODUCTION

This case involves an unfortunate set of circumstances. Plaintiff, Glen Thomas, was incarcerated at the Pulaski County Regional Detention Facility. On June 10, 2013, while eating, he bit into a rock and damaged his teeth. (Doc. No. 2.) He says although the Sheriff was notified immediately after the incident, he was not provided any medical care for his pain. ( Id. at 1.) The next day he bit into another rock and further damaged his teeth. ( Id. at 2.) He seeks money damages to repair his teeth and compensate him for his pain and suffering. ( Id. )

II. MOTION FOR SUMMARY JUDGMENT

A. Standard of Review

Defendant Holladay has filed a Motion for Summary Judgment seeking dismissal of Plaintiff's claims. (Doc. No. 13.) Pursuant to Federal Rule of Civil Procedure 56(c), summary judgment is appropriate if the record shows that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Dulany v. Carnahan, 132 F.3d 1234, 1237 (8th Cir. 1997). "The moving party bears the initial burden of identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, ' which it believes demonstrate the absence of a genuine issue of material fact." Webb v. Lawrence County, 144 F.3d 1131, 1134 (8th Cir. 1998) (citations omitted). "Once the moving party has met this burden, the non-moving party cannot simply rest on mere denials of allegations in the pleadings; rather, the non-movant must set forth specific facts showing that there is a genuine issue for trial." Id. at 1135 (citations omitted). Although the facts are viewed in a ...


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