Murphy v. Norris

Filing 26

REPORT AND RECOMMENDATIONS recommending the petition be dismissed without prejudice 1 14 6 ; Objections to R&R due by 2/25/2009. Signed by Magistrate Judge Henry L. Jones, Jr on 2/11/09. (tjj)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION LISA RYAN MURPHY vs. Civil Case No. 1:08CV00003 HLJ PETITIONER LARRY NORRIS, Director, Arkansas Department of Correction PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS RESPONDENT The following recommended disposition has been sent to United States District Court Judge J. Leon Holmes. Any party may serve Objections and file written objections to this recommendation. 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 eleven (11) 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 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 On November 19, 2008, the United States District Court Clerk mailed to Petitioner a copy of an Order entered by the court in this matter. The Order was returned, marked "Paroled." Petitioner has not contacted the court to furnish a new address. Rule 5.5(c)(2) of the Rules of the United States District Courts for the Eastern and Western Districts of Arkansas, referring to parties appearing pro se, states: 2 (2) Parties appearing pro se. It is the duty of any party not represented by counsel to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently.... If any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice.... Although Petitioner has not failed to respond to communication from the court since she did not receive the Order, she has failed to provide the court with a current address and the court is unable to communicate with her. It appears Petitioner is no longer interested in pursuing this matter. IT IS THEREFORE ORDERED that this petition be, and it is hereby, dismissed without prejudice. SO ORDERED this 11th day of February, 2009. United States Magistrate Judge 3

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