United States District Court, E.D. Arkansas, Eastern Division
Sorg, ADC, Plaintiff, Pro Se.
Butler, Defendant, represented by Brent Jay Eubanks,
Humphries, Odum & Eubanks.
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE, Magistrate Judge.
following recommended disposition has been sent to United
States District Judge James M. Moody, 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
the record made before the Magistrate Judge is inadequate.
the evidence proffered at the hearing (if such a hearing is
granted) was not offered at the hearing before the Magistrate
details of any testimony desired to be introduced at the new
hearing 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 new hearing.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing. Mail your
objections and "Statement of Necessity" to:
Sorg ("Plaintiff") brings this action alleging he
suffers from Hepatitis C and Defendants have not provided him
with constitutionally adequate medical care for this
condition. (Doc. No. 4) He states he was diagnosed with
Hepatitis C and "the Arkansas Department of Correction
will not provide the medication that will cure this disease
and [he is] not allowed to get it by purchasing it [himself]
either." ( Id. at 4)
Butler has now moved for summary judgment. (Doc. Nos. 25-26)
Dr. Butler argues Plaintiff has received appropriate
treatment and, as a matter of law, this case matter should be
dismissed. Id. Plaintiff did not respond to the
Motion, so Defendant moved to have his Statement of Facts
(Doc. No. 27) deemed admitted. (Doc. Nos. 28) For ...