United States District Court, E.D. Arkansas, Eastern Division
VIVEK SHAH Reg. #XXXXX-XXX, Plaintiff,
B. WOOTEN and the UNITED STATES OF AMERICA, Defendants.
Shah, Plaintiff, Pro Se.
Wooten, Defendant, represented by Jamie Goss Dempsey, U.S.
Defendant, represented by Jamie Goss Dempsey, U.S.
DEERE, Magistrate Judge.
Procedures for Filing Objections
Recommended Disposition ("Recommendation") has been
sent to Chief Judge Brian S. Miller. A party to this suit may
file written objections with the Clerk of Court within
fourteen (14) days of filing of the Recommendation.
Objections must be specific and must include the factual or
legal basis for the objection.
objecting, you may waive any right to appeal questions of
fact. And, if no objections are filed, Judge Miller can adopt
this Recommendation without independently reviewing the
Vivek Shah, an inmate formerly incarcerated in the Bureau of
Prisons's ("BOP") Federal Correctional
Institution - Forrest City ("FCI-FC"), filed this
case without the help of a lawyer. (Docket entry #1) Mr. Shah
complains that Defendant Wooten was deliberately indifferent
to his medical needs and that the United States was negligent
in providing him medical care while he was housed at FCI-FC.
He brings his claims under Bivens v. Six Unknon Agents of
the Fed. Bureau of Narcotis, 403 U.S. 388, 91 S.Ct. 1999
(1971) and the Federal Tort Claims Act, 28 U.S.C. Â§ 2671,
have moved for summary judgment. (#27) Mr. Shah has not
responded to the motion, and the time for doing so has
passed. For the reasons set forth below, Defendants'
motion for summary judgment (#27) should be GRANTED.
Undisputed Factual Background
October 11, 2013, Vivek Shah arrived at the FCCI-FC. During
his intake screening process, Mr. Shah told FCI officials
that he suffered from chronic back pain. (#28-3 at p.20)
October 2013 and May 2014, Mr. Shah submitted three inmate
requests for medical care. On October 27, 2014, Mr. Shah
requested that he be scheduled to have his teeth cleaned. (
Id. at p.26) On November 19, 2013, Mr. Shah
requested glasses. ( Id. at p.28) And, on December
5, 2013, Mr. Shah requested various vaccinations. (
Id. at p.30)
Wooten saw Mr. Shah in triage in Health Services on four
occasions, October 29, 2013, July 24, 2013, September 16,
2014, and January 8, 2015. (#28-2 at p.2) During those
encounters, Defendant Wooten placed him in ...