United States District Court, E.D. Arkansas, Eastern Division
WILLIAM LEWIS RAMSEY, Reg. 12429-028 PLAINTIFF
ANTHONY HAYNES, Warden, Forrest City Low, et al.
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE UNITED STATES 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 either the District Judge or
Magistrate Judge, you must, at the time you file your written
objections, include the following:
the record made before the Magistrate Judge is inadequate.
the evidence to be proffered at the new hearing (if such a
hearing is granted) was not offered at the hearing before 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.
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
Lewis Ramsey (“Plaintiff”) is an inmate at the
Federal Correctional Institution located in Forrest City,
Arkansas (“FCI-FC”). He has filed this pro se
action, pursuant to Bivens v. Six Unknown Named Agents of
Federal Bureau of Narcotics, 403 U.S. 388 (1971),
alleging Defendants Physician Assistant Michelle Wingo and
Does, who are unknown members of the Medical Procedures
Scheduling Committee, failed to provide him with
constitutionally adequate medical care after he tore his left
bicep on or about November 2, 2017. (Doc. No. 4.) Plaintiff
brings this claim against Defendants in their official and
personal capacities, and monetary damages are the only relief
he seeks. (Id.)
Wingo has filed a Motion for Summary Judgment, arguing the
claims against her should be dismissed because she is
entitled to sovereign immunity and Plaintiff has failed to
exhaust his administrative remedies. (Doc. Nos. 21-23.)
Plaintiff has not responded, and the time for doing so has
passed. After careful consideration of this matter and for
the following reasons, I find Defendant Wingo's Motion
for Summary Judgment should be GRANTED and the claims against
her should be DISMISSED. Although the Doe Defendants have ...