United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
T. KEARNEY, Magistrate Judge.
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.
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
1. Why the record made before the Magistrate Judge is
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.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing, either
before the Magistrate Judge or before the District Judge.
your objections and "Statement of Necessity" to:
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. Â§ 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.
before the Court is the Motion for Summary Judgment, Brief,
and Statement of Facts, filed by Defendants Bolin, Adams and
Tyler. (Doc. Nos. 19-21) Plaintiff filed
responses to the Motion (Doc. Nos. 24-27).
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