Askew v. Holladay et al

Filing 13

ORDER directing the plaintiff to file a more detailed account of his injuries on or before March 25, 2009; and rejecting 9 Partial Report and Recommendations and referring case back to Judge Young for further review.. Signed by Judge James M. Moody on 3/9/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION FRANK W. ASKEW, JR. REG. No. 13764-08 V. 4:09CV00058 JMM/HDY PLAINTIFF

"DOC" HOLLLADAY, Sheriff, Pulaski County; RANDALL B. MORGAN, Chief of Detention, Pulaski County Detention Facility; SHAUN SMITH Major, Pulaski County Detention Facility; M. OCASIO, Deputy, Pulaski County Detention Facility; W. BARNETT, Sgt., Pulaski County Detention Facility; WILSON, SGT., Pulaski County Detention Facility; E. LEWIS, Deputy, Pulaski County Detention Facility; SCOTT, Deputy, Pulaski County Detention Facility; BERRY, Deputy, Pulaski County Detention Facility; BANGS, Deputy, Pulaski County Detention Facility; PAXTON, Captain, Pulaski County Detention Facility; V. PETERS, Captain, Pulaski County Detention Facility; MICHAEL WADE, Pre-trial Detainee, Pulaski County Detention Facility; BANKS, Ms., Classification Officer, Pulaski County Detention Facility; BAILEY, Ms., Classification Officer, Pulaski County Detention Facility; and SPENCER, Nurse, Pulaski County Detention Facility

DEFENDANTS

ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge H. David Young and Plaintiff's objections. In his Objections for the Proposed Findings and Recommended Partial Disposition, Plaintiff, for the first time, claims that he suffered actual injury to his head and neck as a result of a seizure. (Pl.'s Objection at p. 2, 3). The allegations are unclear, however. The Court cannot ascertain the dates on which Plaintiff suffered these head and neck injuries and, therefore, cannot determine 1

whether these injuries relate to his placement in a single-man cell. The Plaintiff is directed to file a more detailed account of these injuries on or before March 25, 2009, including the relevant medical records which Plaintiff refers to in his pleading. Because Magistrate Judge Young did not have the benefit of this new information, the Court declines to adopt the Proposed Findings and Recommended Partial Disposition and refers the motions back to Judge Young for further review. IT IS SO ORDERED this 9th day of March 2009. ___________________________________ UNITED STATES DISTRICT JUDGE

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