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Muhammad v. Robinson

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

April 27, 2016

AZEEZ MUHAMMAD, Plaintiff,
v.
JERALD ROBINSON, et al., Defendants.

          PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

          JEROME T. KEARNEY, Magistrate Judge.

         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 te 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 Azeez Muhammad is an inmate at the W.C. "Dub" Brassell Adult Detention Center (Jail). He filed this pro se action pursuant to 42 U.S.C. § 1983, alleging inadequate medical care and failure to respond to grievances following an incident which occurred at the jail on April 25, 2015. Plaintiff asks for damages from Defendants.

         Pending before the Court is the Motion for Summary Judgment, Brief, and Statement of Facts, filed by Defendants Bolin, Adams and Tyler.[1] (Doc. Nos. 19-21) Plaintiff filed responses to the Motion (Doc. Nos. 24-27).

         II. Complaint

         On April 25, 2015, at approximately 10:30 p.m., while incarcerated at the Jail as a pretrial detainee, Plaintiff passed out and hit his head on the floor. (Doc. No. 2, p. 4) When he regained consciousness, he was placed in a room and was soaked with urine. (Id.) Someone told him they used a smelling solution placed inside his nose to try and wake him, which caused scars and burning to his nose. (Id.) Although several staff persons were present at the time, no medical staff was contacted that night to check on Plaintiff. (Id.) After the incident Plaintiff filed several sick call requests and grievance forms, and failed to receive responses to many of ...


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