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Strong v. Hobbs

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

November 13, 2014

AARON STRONG ADC# 123670, Plaintiff,
v.
RAY HOBBS, 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 James M. Moody, 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 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

Plaintiff, Aaron Strong, filed this pro se action pursuant to 42 U.S.C. ยง 1983, claiming Defendants violated his constitutional rights (Doc. No. 1). Defendants[1] have now filed a Motion for Summary Judgment seeking dismissal of all claims against them. (Doc. No. 28). Plaintiff has not filed a response and the time for doing so has elapsed. Defendants' Motion is, therefore, ripe for disposition.

II. BACKGROUND

Plaintiff alleges that Defendants James Hamilton, Lucky Abhulimen, [2] and Gregory McKinney exhibited deliberate indifference to his serious medical needs (Doc. No. 1 at 3-5). On February 24, 2012, Plaintiff began experiencing weakness and dizziness. ( Id. at 1). At the prison infirmary, he was examined by Nurse Abhulimen, who found that his vital signs were normal. (Doc. No. 1 at 3). Nurse Abhulimen instructed Plaintiff to "lay in" for two days and increase his fluid intake. ( Id. )

On February 26, 2012, Plaintiff claims his condition again required immediate medical attention, and he returned to the infirmary ( Id. at 4). At Dr. McKinney's instruction, Nurse Hamilton attempted to administer saline fluid through an I.V. line. ( Id. ) Plaintiff says Nurse Hamilton was unable to start the I.V. and he was left unattended for six to eight hours until another nurse came on duty and started the I.V. the next ...


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