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Wooten v. USA

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

February 12, 2015

RONALD DEAN WOOTEN, REG #XXXXX-XXX, Plaintiff,
v.
USA et al., Defendants.

PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

H. DAVID YOUNG, 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:

DISPOSITION

Plaintiff Ronald Dean Wooten, an inmate formerly held at the Federal Correctional Institution in Forrest City ("FCIFC"), filed a pro se complaint, pursuant to 42 U.S.C. § 1983, on January 15, 2014. The Court held an evidentiary hearing on February 9, 2015, at which Plaintiff testified, as did FCIFC employees Danny Parson and Jeff Gann.

I. Facts

On February 17, 2011, Plaintiff was an inmate at FCIFC when he injured his knee. Plaintiff seeks compensation under the Inmate Accident Compensation Act ("IACA"), 18 U.S.C. § 4126. As the Court has previously found (docket entry #25), any claim for future damages based on a disability determination is premature because such claims may not be made before 45 days prior to the inmate's release. See 28 C.F.R. § 301.303(a). As the prior order indicated, the issue in this case is Plaintiff's entitlement to lost time wages pursuant to 28 C.F.R. § 301.203.

II. Analysis

Plaintiff testified that he injured his knee when he was working on a roof at the direction of Gann when he stepped on a small rock and twisted his knee. According to Plaintiff, he is now totally disabled as a result of the injury he sustained in the incident. Plaintiff asserts that he is ...


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