United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JEROME T. KEARNEY, Magistrate Judge.
The following recommended disposition has been sent to United States District Judge J. Leon Holmes. 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
Plaintiff Andrew Reid is a state inmate incarcerated at the Varner Super Max Unit of the Arkansas Department of Correction (ADC). He filed this pro se action pursuant to 42 U.S.C. § 1983, alleging deliberate indifference to his serious medical needs. Specifically, Plaintiff complains that Defendants denied his legitimate requests for treatment for gender identity disorder (GID), following two separate incidents involving self-mutilation of his testicles. Plaintiff asks for monetary and injunctive relief from Defendants Wendy Kelley, Ray Hobbs, and Dr. Margaret Peggy Rector.
This matter is before the Court on Defendants' Motion for Summary Judgment, Statement of Facts, and Brief in Support (Doc. Nos. 82-84), to which Plaintiff responded (Doc. No. 86).
In his Amended Complaint, Plaintiff alleges he sought treatment for Gender Identity Disorder (GID) for two years, and was treated at the ADC by Doctors Rector and Richard, the latter whom is a psychiatrist. (Doc. No. 3, p. 3.) Plaintiff tried to cut off one of his testicles on February 4, 2013, and later met with Defendants Richard and Kelley and other members of the medical board of his Unit. (Id.) The board denied his request for a GID diagnosis, and Plaintiff continued to be treated by Rector and Richard, who told him he would be fine. (Id., p. 4.) Plaintiff cut off his other testicle on June 9, 2013, was surgically ...