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Bowden v. Banks

United States District Court, E.D. Arkansas, Pine Bluff Division

October 28, 2014

MICHAEL D. BOWDEN, ADC #088956, Plaintiff,
v.
JIMMY BANKS; et al., Defendants.

PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

JOE J. VOLPE, Magistrate Judge.

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 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:

Mail your objections and "Statement of Necessity" to:

DISPOSITION

I. INTRODUCTION

Plaintiff Bowden, a state inmate confined at the Varner Unit of the Arkansas Department of Correction (ADC) filed this action pro se pursuant to 42 U.S.C. ยง 1983, alleging Defendants failed to protect him from an attack by other inmates, in violation of his Eighth Amendment rights. (Doc. No. 2.)

Pending before the Court is Defendants' Motion for Summary Judgment, Statement of Facts, and Brief in Support (Doc. Nos. 36-39), to which Plaintiff has responded (Doc. Nos. 49-51.)

II. COMPLAINT

Plaintiff alleges that he was attacked by several inmates on December 14, 2012, while walking through a tunnel at the Varner Unit (Doc. No. 2 at 3-4.) He was carrying his laundry bag, containing approximately $100 worth of commissary items received as a Christmas package. ( Id. at 3.) The inmates who attacked him choked him unconscious and stole the bag. ( Id. at 3, 10.) After regaining consciousness, he reported the attack to ADC Security Officer Hudson. ( Id. at 11.) He was taken to the office of the Chief of Building Security for investigation, where security camera footage revealed the identity of his assailants. ( Id. ) The assailants were taken from their barracks and placed in isolation and Plaintiff was taken to the infirmary. ( Id. ) At the infirmary, a nurse only ...


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