United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JEROME
T. KEARNEY UNITED STATES MAGISTRATE JUDGE
INSTRUCTIONS
The
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.
If you
are objecting to the recommendation and 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 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 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 hearing before the District Judge.
From
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing, either
before the Magistrate Judge or before the District Judge.
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
Plaintiff
Aaron Miller is a state inmate incarcerated at the Ouachita
River Unit of the Arkansas Department of Correction (ADC). He
filed this action pursuant to 42 U.S.C. § 1983, alleging
denial of adequate medical care and treatment by fifteen
separate Defendants. (Doc. No. 2) All Defendants except
Amanda King were dismissed on September 6, 2018. (Doc. No.
15)
Pending
before the Court are Defendant King's Motion for Judgment
on the Pleadings, or alternatively, Motion for Summary
Judgment on the issue of exhaustion, Brief in Support, and
Statement of Facts (Doc. Nos. 30-32), to which Plaintiff
responded (Doc. Nos. 36, ...