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Grant/Rakim v. Kelley

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

December 31, 2014

ABRAHAM/RASHEEN GRANT/RAKIM, ADC #128147, Plaintiff,
v.
WENDY KELLEY, et al., Defendants.

RECOMMENDED DISPOSITION

BETH DEERE, Magistrate Judge.

I. Procedures for Filing Objections:

This Recommended Disposition ("Recommendation") has been sent to Chief United States District Judge Brian S. Miller. Any party may file written objections to this Recommendation.

Objections must be specific and must include the factual or legal basis for the objection. An objection to a factual finding must identify the finding of fact believed to be wrong and describe the evidence that supports that belief.

An original and one copy of your objections must be received in the office of the United States District Court Clerk within fourteen (14) days of this Recommendation. A copy will be furnished to the opposing party.

If no objections are filed, Judge Miller can adopt this Recommendation without independently reviewing all of the evidence in the record. By not objecting, you may also waive any right to appeal questions of fact.

Mail your objections to:

II. Background:

Plaintiff Abraham/Rasheen Grant/Rakim, an Arkansas Department of Correction ("ADC") inmate, filed this lawsuit pro se under 42. U.S.C. ยง 1983. (Docket entry #2) Mr. Grant/Rakim claims that Defendants acted with deliberate indifference to his serious medical needs by failing to timely provide his prescription medication on multiple occasions over a three-year period.

All Defendants have now moved for summary judgment on Mr. Grant/Rakim's claims against them. (#80, #83) Mr. Grant/Rakim has responded, and the Defendants have replied. Based on the evidence presented, the Court recommends that the motions for summary judgment (#80, #83) be GRANTED.

III. Discussion:

A. Standard

Summary judgment is granted to a party when the evidence, viewed in the light most favorable to the nonmoving party, presents no genuine dispute as to any material fact. FED.R.CIV.P. 56; Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 246, 106 S.Ct. 2505 (1986). A moving party must first present evidence showing that there is no genuine dispute as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553 (1986). If the moving party meets this burden, the nonmoving party must come forward with evidence showing that there is a genuine dispute that must be decided at a trial. Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc). If the ...


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