United States District Court, S.D. Mississippi, Western Division
HENRY HINTON, JR. PLAINTIFF
NURSE JANET MOORE DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
BRAMLETTE, UNITED STATES DISTRICT JUDGE.
cause is before the Court on the Report and Recommendation of
United States Magistrate Judge Michael T. Parker
(docket entry 78), on the plaintiff Henry
Hinton, Jr.'s Motion for New Trial (docket entry
79), on the plaintiff's Motion for Default as
Sanction and Contempt (docket entry 80), and
on the plaintiff's Motion to Extend Time to File
Objections (docket entry 82). Having
carefully considered the record in this case, the Report and
Recommendation, and the plaintiff's subsequent motions,
the Court finds as follows:
cause was originally filed by the plaintiff on May 2, 2016,
against defendants Nurse Janet Moore and Nurse Kim Snow.
Following a Report and Recommendation by Magistrate Judge
Parker on November 3, 2016, this Court entered an Order
dismissing with prejudice all claims against Nurse Kim Snow
based on the plaintiff's failure to state a claim under
28 U.S.C. § 1915(e)(2)(B). See docket entry 32.
February 9, 2018, Magistrate Judge Parker issued a Report and
Recommendation recommending that all claims against Nurse
Janet Moore be dismissed with prejudice. On February 12,
2018, the plaintiff filed a Motion for New Trial (docket
entry 79), and a Motion for Default (docket entry 80).
Because these two motions contain Hinton's Objections to
the Report and Recommendation, they will collectively be
treated as his Objections. His Motion to Extend Time to File
Objections (docket entry 82) does not address any additional
objections, and does not show why he could not have included
all objections in his previous filings. Insofar as
Hinton's Motion for Extension of Time seeks additional
time to file a third set of objections, it is denied.
party objects to a Report and Recommendation, this Court is
required to “make a de novo determination of
those portions of the report or specified proposed findings
or recommendations to which objection is made.” 28
U.S.C. § 636(b)(1). See also Longmire v. Gust,
921 F.2d 620, 623 (5th Cir. 1991)(a party is
“entitled to a de novo review by an Article
III Judge as to those issues to which an objection is
made.”). Such review means that this Court will examine
the entire record and will make an independent assessment of
the law. The Court is not required, however, to reiterate the
findings and conclusions of the Magistrate Judge,
Koetting v. Thompson, 995 F.2d 37, 40
(5th Cir. 1993), nor need it consider objections
that are frivolous, conclusive or general in nature.
Battle v. United States Parole Commission, 834 F.2d
419, 421 (5th Cir. 1997). No. factual objection is
raised when a petitioner merely re-urges arguments contained
in the original petition. Edmond v. Collins, 8 F.3d
290, 293 (5th Cir. 1993).
claims presently before the Court arise from events which
took place while he was incarcerated at the Pike County Jail.
According to the plaintiff, he entered the jail on June 30,
2014, and was transferred to a Mississippi Department of
Corrections facility on November 24, 2015. Hinton asserts a
claim for denial of adequate medical care against Defendant
Nurse Janet Moore, and seeks compensatory damages.
his evidentiary hearing before Magistrate Judge Parker,
Hinton testified that he does not have high blood pressure,
but has “high blood pressure tendencies.”
According to the plaintiff, his blood pressure is not high
unless he eats a lot of salt. Hinton testified that he
informed Nurse Moore that he wanted a low salt diet.
According to the plaintiff, Nurse Moore responded by stating,
“do not tell me what you want; tell me what your
symptoms are, ” and informed the plaintiff that the
jail does not provide a low salt diet. Hinton testified that
he began to feel sick, but Nurse Moore did not provide him
plaintiff also stated that he wrote letters to a lieutenant
at the jail and the mayor of the city. According to the
plaintiff, he was taken to the Osyka Medical Clinic in
November of 2014, and he informed the nurse practitioner at
the clinic, Kim Snow, that he needed a low salt diet. He
stated further that Nurse Snow did not provide him a low salt
diet, but provided him blood pressure medications. Hinton
testified that he continued to feel sick, and Nurse Moore
informed him that it would take time for the blood pressure
medication to work.
testified that after he woke up on December 19, 2014, he had
pain in his arm and was unable to move the arm well.
According to the plaintiff, he informed Nurse Moore that he
had had a stroke, but she refused to send him to the hospital
and stated, “that will teach you to stay out of
jail.” Hinton stated that he continued to submit sick
call requests, and in February of 2015, he was placed in a
“hallway” cell for better observation. The
plaintiff testified that Nurse Moore only checked his blood
pressure once. He also testified that he washed his food in
order to reduce the amount of salt.
also testified that he complained to Nurse Moore of
constipation and requested a high fiber diet, but Nurse Moore
denied his request and instead sent him to Osyka Medical
Clinic, where he was given a prescription for a stool
softener. He also stated that Nurse Moore refused to send him
to a dentist after he lost a tooth and refused to refer him
for surgery for a knot on his side.
Moore also testified during the evidentiary hearing, and her
testimony paints a very different picture. She submitted a
medical record demonstrating that she recommended a “no
added salt” diet for the plaintiff, but he refused to
sign the form. See Defendant's Exhibit 1. Nurse
Moore also testified that the food served at the jail is not
high sodium food. According to Nurse Moore, she checked the
plaintiff's blood pressure multiple times during his
incarceration at the Pike County Jail. She also submitted a
medical record indicating that the plaintiff's blood
pressure was checked twenty-seven separate times at the jail.
See Defendant's Exhibit 6(e).
Moore testified that although Hinton's blood pressure was
sometimes high, it never reached dangerous levels. According
to Nurse Moore, she referred Hinton to the Osyka Medical
Clinic in November of 2014 because he decided that he wanted
medications. See Defendant's Exhibit 9(c). She
also stated that once medications were prescribed, she
provided them to the plaintiff.
Moore testified further that on December 19, 2014, the
plaintiff approached her and said he had had a stroke.
According to Nurse Moore, she assessed the plaintiff and,
after seeing no symptoms of a stroke, decided not to send him
to the hospital. Nurse Moore stated that Plaintiff was using
his arm, had no facial drooping, had no speech difficulty,
and had no difficulty with walking. See
Defendant's Exhibit 6(c). She also observed Hinton on the
jail's cameras and saw that he appeared to have full use
of his arms.
response to this testimony, the plaintiff pointed out that
jail policy requires the following: “In the event of a
medical emergency, or a perceived medical emergency, jail
staff on duty will arrange for medical services without undue
delay.” See Plaintiff's Exhibit A3. Nurse
Moore replied that she did not perceive a medical emergency.
She also stated that nearly all the inmates claim ...