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Ransom v. Byrd

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

October 15, 2014

MICHAEL DAVID RANSOM, Plaintiff,
v.
KARL BYRD, Faulkner County Sheriff, Defendant.

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

J. THOMAS RAY, Magistrate Judge.

INSTRUCTIONS

The following recommended disposition has been sent to United States District Judge Susan Webber Wright. 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 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 United States District Judge, you must, at the same time that you file your written objections, include a "Statement of Necessity" that sets forth the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence to be proffered at the requested hearing before the United States District Judge was not offered at the hearing before the Magistrate Judge.
3. An offer of proof setting forth the details of any testimony or other evidence (including copies of any documents) desired to be introduced at the requested hearing before the United States District Judge.

From this submission, the United States District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.

Mail your objections and "Statement of Necessity" to:

I. Introduction

On August 2, 2013, Plaintiff, Michael David Ransom ("Ransom"), initiated this pro se ยง 1983 action. Doc. 2. At that time, he was a "free-world" citizen.

Ransom alleges that, on August 3, 2012, while he was a pretrial detainee in the Faulkner County Detention Center ("FCDC"), the former Faulkner County Sheriff, Karl Byrd ("Byrd"): (1) failed to protect him from being assaulted by two other inmates; and (2) provided him with inadequate medical care for his injuries. Doc. 2 at 1-7.

On January 7, 2014, United States District Judge Susan Weber Wright entered a Final Scheduling Order. Doc. 22. The Final Scheduling Order set a November 17, 2014 trial date, and the following deadlines: (1) motions to amend the pleadings - March 18, 2014; (2) discovery - June 20, 2014; and (3) dispositive motions - July 21, 2014. Doc. 22. According to the Clerk's records, on January 16, 2014, the Final Scheduling Order was returned as undeliverable to Ransom. Doc. 24.

On February 10, 2014, Ransom filed a letter indicating that he was incarcerated in the Tucker Unit of the ADC.[1] Doc. 25. On February 13, 2014, the Court entered an Order directing the Clerk to mail a copy of the docket sheet and the Final Scheduling Order to Ransom at his ADC address. Doc. 26.

On July 21, 2014, the final day of the dispositive motion deadline, Defendant Byrd filed a Motion requesting a four-day extension to file a Motion for Summary Judgment. Doc. 31. On July 25, 2014, Byrd filed a Motion for Summary ...


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