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Addison v. Poinsett County Detention Center

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

February 10, 2016

NICHOLAS CORTEZ ADDISON ADC #162451, Plaintiff,
v.
POINSETT COUNTY DETENTION CENTER, et al., Defendants.

PROPOSED FINDINGS AND RECOMMENDATIONS

JEROME T. KEARNEY, Magistrate Judge.

INSTRUCTIONS

The following recommended disposition has been sent to United States District Judge D. P. Marshall Jr.. 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:

I. Introduction

Plaintiff Nicholas Addison is a state inmate incarcerated at the Cummins Unit of the Arkansas Department of Correction (ADC). He filed this pro se action pursuant to 42 U.S.C. ยง 1983, alleging Defendant Martin denied him adequate mental health care and treatment while incarcerated at the Poinsett County Detention Center (Jail) in late 2014 and early 2015. He also claims Defendant Dewey provided him with methamphetamine while he was incarcerated.[1]

This matter is before the Court on Defendants' Motion for Summary Judgment, Brief in Support, and Statement of Facts (Doc. Nos. 40-42). By Order dated January 5, 2015, this Court directed Plaintiff to file a Response to the Motion within fifteen days of the date of the Order (Doc. No. 48). The Court further advised the Plaintiff that failure to respond to the Court's Order would result in all of the facts set forth in Defendants' Motion and Brief being deemed admitted by Plaintiff pursuant to Local Rule 56.1, or in the dismissal without prejudice of his Complaint, pursuant to Local Rule 5.5(c)(2).[2] As of this date, Plaintiff has not filed a Response to the Motion.

II. Amended Complaint

Plaintiff alleged Defendant Dewey gave him crystal meth, which "messed" him up and caused him to see things and hear voices. (Doc. No. 5, p. 5) He also claimed he asked to be committed to the state hospital, but that Defendants told him he had an appointment with Mid-South. (Id.) Former Defendant Dexter asked him if he ...


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