Shirhashirim v. Gibson

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE UNITED STATES 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 (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.

3. The 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.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and “Statement of Necessity” to:

Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325

         DISPOSITION

         I. INTRODUCTION

         Shaul Shirhashirim (“Plaintiff”) is incarcerated at the Varner Unit of the Arkansas Department of Correction and filed this action pro se pursuant to 42 U.S.C. § 1983. (Doc. No. 2.) He sued James Gibson, Warden of the Varner Unit, Walter Washigton, a Lieutenant at Varner, and Wendy Kelley, Director of the ADC. He sued each Defendant in his or her official capacity only. (Id. at 2, 5-7.) Plaintiff alleges Defendant Washigton restrained his hand as it was in the food trap and hit his hand with the metal food flap bar, causing permanent disfigurement. (Id. at 4.) Plaintiff further alleges Defendant Gibson lied to internal affairs about the details of the incident and wrongly upheld the disciplinary action Plaintiff received in connection with Defendant Washigton's version of the events. (Id. at 4.) He maintains that Defendant Kelley ignored all his claims, and that Defendants Kelley and Gibson failed to discipline Defendant Washigton. (Id. at 4, 7.) Plaintiff seeks damages. (Id. at 8.) After careful review of Plaintiff's Complaint (Doc. No. 2), I find it should be dismissed without prejudice for failure to state a claim upon which relief may be granted.

         II. SCREENING

         The Prison Litigation Reform Act (“PLRA”) requires federal courts to screen prisoner complaints seeking relief against a governmental entity, officer, or employee. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that (a) are legally frivolous or malicious; (b) fail to state a claim upon which relief may be ...