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Hughes v. Corizon Medical Services, Inc.

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

November 25, 2014

NATHAN HUGHES, ADC #552292, Plaintiff,
v.
CORIZON MEDICAL SERVICES, INC., Defendant.

PROPOSED FINDINGS AND RECOMMENDATIONS

JEROME T. KEARNEY, Magistrate Judge.

INSTRUCTIONS

The following partial recommended disposition has been sent to United States District Judge Brian S. Miller. 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 before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.

3. The detail of any testimony desired to be introduced at the hearing before the District Judge 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 hearing before the District Judge.

From this submission, the 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:

DISPOSITION

I. Introduction

Plaintiff Nathan Hughes is a state inmate confined at the East Arkansas Regional Unit of the Arkansas Department of Correction (ADC). He filed this pro se 42 U.S.C. ยง 1983 action against Defendant Corizon, alleging denial of adequate medical care and treatment, together with improper disciplinary charges and convictions. This Court granted Plaintiff's Motion to Proceed in forma pauperis by Order dated November 5, 2014 (Doc. No. 3), but provided him the opportunity to amend his Complaint, noting that he did not include any allegations against Corizon in his Statement of Claim. (Id.) Plaintiff then submitted a Motion to Amend adding several Defendants (Doc. No. 4), which this Court construed as an Amended Complaint.

Having reviewed the Amended Complaint, the Court finds that Plaintiff's allegations of improper disciplinary charges and convictions against ...


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