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Shirhashirim v. Gibson

United States District Court, E.D. Arkansas, Pine Bluff Division

May 7, 2019

SHAUL SHIRHASHIRIM ADC #140176 PLAINTIFF
v.
JAMES GIBSON, Warden, Varner Unit, WALTER WASHINGTON, Lieutenant, Varner Unit DEFENDANTS

          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”), an inmate at the Varner Unit of the Arkansas Department of Correction (“ADC”), filed this action pro se pursuant to 42 U.S.C. § 1983. (Doc. No. 2.) He alleges excessive force against Defendant Walter Washington, a Lieutenant at the Varner Unit, among other claims.[1] (Doc. Nos. 2, 7.)

         Defendants have now filed a Motion for Summary Judgment, contending Plaintiff failed to exhaust his administrative remedies on certain of his claims. (Doc. Nos. 19-21.) Plaintiff has not responded and the time for doing so has passed; this matter is now ripe for a decision. After careful review, and for the following reasons, I find the Motion for Summary Judgment should be GRANTED and Plaintiff's claims should be dismissed without prejudice.

         II. SUMMARY ...


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