United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE UNITED STATES MAGISTRATE JUDGE.
following recommended disposition has been sent to United
States District 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:
Clerk, United States District Court Eastern District of
Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR
Lewis (“Plaintiff”), an inmate at the East
Arkansas Unit of the Arkansas Department of Correction,
filed a pro se Complaint pursuant to 42 U.S.C.
§ 1983. (Doc. No. 2.) He sued Defendant Gloria Price in
her official and personal capacities alleging failure to
protect. (Id. at 1.) Defendant Price has now filed a
Motion for Summary Judgment. (Doc. Nos. 22-24.) 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 Defendant Price's
Motion for Summary Judgment should be GRANTED and this case
SUMMARY JUDGMENT STANDARD
Rule 56 of the Federal Rules of Civil Procedure, summary
judgment is proper “if the movant shows that there is
no genuine dispute as to any material fact and the movant is
entitled to judgment as a matter of law.” Fed.R.Civ.P.
56(a). A party asserting that a fact cannot be or is
genuinely disputed must support the assertion by citing to
particular parts of materials in the record, “including
depositions, documents, electronically stored information,
affidavits or declarations, stipulations ...