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Bolt v. Doe

United States District Court, W.D. Arkansas, Fayetteville Division

October 10, 2014

JAMES W. BOLT, Plaintiff,
v.
JANE DOE #1, Agent of the Federal Bureau of Investigation (FBI), rth Miami Beach, Florida; a/k/a Patricia Lincoln, Katherine Lewis, and Leah Cleveland; SHERIFF KELLEY CRADDUCK, Benton County, Arkansas; NURSE DARLA WATSON, Benton County Detention Center; ROBERT CESSERIO, FBI, Special Agent, Fayetteville, Arkansas; and SHERIFF TIM HELDER, Washington County, Arkansas, Defendants.

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

ERIN L. SETSER, Magistrate Judge.

This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis (IFP). Pursuant to 28 U.S.C. § 1915(e)(2), the Court has the obligation to screen any complaint in which an individual has sought leave to proceed IFP. 28 U.S.C. § 1915(e)(2).

1, Background

According to the allegations of the complaint, this case began in late 2004 when Plaintiff was associated with a startup pharmaceutical company, Shimoda-Atlantic Oncology (Shimoda). Shimoda was contacted by a person going by the name of John Firo who indicated he was a specialist in raising private capital for startup companies. The alleged investor was Sheik Galani. In 2006, Shimoda's records were subpoenaed and Plaintiff was told that the Sheik was fake and everyone concerned would be going to prison.

Plaintiff and other associates were criminally charged. All were acquitted.

During discovery and during the criminal trial, Plaintiff indicates they learned the Federal Bureau of Investigation (FBI) had a covert program where they created both people and corporations with all manner of verifiable credentials, records, licenses, personal and professional histories. The operations were loosely governed by the United States Attorney General's Guidelines for Undercover Operations.

Shimoda continued in operation. In 2008, Plaintiff states they were approached by a person identifying herself as Leah Cleveland. She indicated she could help them with a clinical study of a new drug candidate Xenavex. She created documents, helped locate investors, and suggested changes to the clinical study. Most of her work was done offsite.

Shimoda was also interested in studying cationic magnetic hypothermia treatment on solid tumor disease. Cleveland suggested putting this study into a separate business entity, suggested a name for the entity, and indicated she might be able to find the money to fund it. Situs Oncology was then incorporated.

In 2009, Shimoda contemplated running their free clinic as a ministry or non-profit. Cleveland indicated she could assist with the non-profit foundation and knew a non-profit expert. The expert suggested taking over Life Preservers, Inc. (LPI). Over a period of several years, Cleveland provided donation records and efforts were made to collect the old LPI donations.

In late March of 2013, Cleveland terminated her relationship with Situs. In June of 2013, Robert Cesserio, an FBI agent, obtained a search warrant for Plaintiff's home and Situs. On August 29, 2013, Plaintiff was arrested and taken to the Benton County Detention Center (BCDC).

His claim against the FBI agent he knew as Cleveland is based on her conduct from 2005 through the present. He maintains she engaged in conduct calculated to entrap him or implicate him in a criminal event.

While in the BCDC, Plaintiff states he began experiencing chest pain and was taken to the hospital. He states he observed Cesserio talking to hospital staff. He maintains he did not authorize the hospital to speak to anyone about his medical condition. He claims his medical condition should not have been discussed with Cesserio.

From August 30th to mid-September, Plaintiff states he experienced ongoing problems with shortness of breath, poor exercise tolerance, nausea, vomiting, and periodic chest pain. From mid-September to December 23, 2013, Plaintiff states he experienced worsening problems including neurological issues such as loss of lower limb motor control, sleeplessness, periodic inability to speak, visual disturbances, inability to process the spoken language, seizures, and other issues.

Plaintiff maintains that all requests for medical care were denied by Nurse Darla Watson. Further, when it was finally arranged for him to be seen by a neurologist, as he was about to depart the jail for the exam, Nurse Watson ...


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