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Morrow v. Lay

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

March 13, 2015

BERRY MORROW, Plaintiff,
v.
GAYLON LAY, DONALD TATE, SR., JIMMY KIRTLEY, and LARRY MAY, Defendants.

PROPOSED FINDINGS AND RECOMMENDATIONS

H. DAVID YOUNG, Magistrate Judge.

INSTRUCTIONS

The following recommended disposition has been sent to United States District Court 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:

Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR XXXXX-XXXX

DISPOSITION

The defendants have filed a motion for summary judgment in this civil rights action brought by Berry Morrow. Defendant Lay is the warden of the Cummins Unit of the Arkansas Department of Correction (ADC), and defendants Tate and Kirtley are employed at the Cummins Unit. Defendant May is the ADC's Deputy Director. The plaintiff is an inmate at the Cummins Unit, and was housed in a single-man cell in the punitive isolation area of the unit at relevant times for the purpose of this lawsuit, beginning on August 9, 2012. Mr. Morrow claims that he was not given his "48 hour relief" October of 2012. This relief period, according to Morrow, is given every thirty days and includes the restoring of all privileges. Mr. Morrow further alleges the ADC has a "package program" where free world individuals can purchase food items for inmates. According to Morrow, the fall package arrived at the Cummins Unit on October 8 and October 11, 2012. Morrow complains he was placed on 48-hour relief on October 13, 2012, but did not receive his privileges, including his fall package.

Federal Rule of Civil Procedure 56 provides for the entry of summary judgment only in those circumstances where there is no genuine issue of material fact, so that the ...


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