Perry/Miller v. Norris et al

Filing 13

RECOMMENDED DISPOSITION recommending that the District Court dismiss the 1 Complaint without prejudice. Objections to R&R due no later than 14 days from the date the Recommended Disposition is received. Signed by Magistrate Judge Beth Deere on 1/22/10. (hph)

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IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS N O R T H E R N DIVISION F R A N C E S RENEE PERRY/MILLER A D C # 708998 V. L A R R Y NORRIS, et al. R E C O M M E N D E D DISPOSITION I. P r o c e d u r e for Filing Objections T h e following Recommended Disposition has been sent to United States District J u d g e Brian S. Miller. Any party may serve and file written objections to this re c o m m e n d a tio n . Objections should be specific and should include the factual or legal b a s is for the objection. If the objection is to a factual finding, specifically identify that fin d in g and the evidence that supports your objection. An original and one copy of your o b je c tio n s must be received in the office of the United States District Court Clerk no later th a n fourteen (14) days from the date you receive the Recommended Disposition. A copy w ill be furnished to the opposing party. Failure to file timely objections may result in w a iv e r of the right to appeal questions of fact. M a il your objections and "Statement of Necessity" to: C le rk , United States District Court E a s te rn District of Arkansas 6 0 0 West Capitol Avenue, Suite A149 L ittle Rock, AR 72201-3325 C A S E NO. 1:09CV00064 BSM/BD DEFENDANTS P L A IN T IF F II. B ackground O n November 30, 2009, Plaintiff brought this action pro se under 42 U.S.C. 1983 (docket entry #1). Upon review of the record, the Court noted that Plaintiff had n o t filed a motion to proceed in forma pauperis or paid the statutory filing fee. On December 2, 2009, this Court ordered Plaintiff to submit a motion to proceed in forma pauperis or pay the statutory filing fee within thirty (30) days from the entry of th e December 2, 2009 Order (#2). In addition, this Court ordered Plaintiff to file an a m e n d e d complaint adequately stating a claim against the named Defendants. On December 14, 2009, Plaintiff filed an incomplete motion to proceed in forma p a u p e ris (#4), a motion for extension of time to file an amended complaint (#5), and a m o tio n to amend her complaint (#6). On December 21, 2009, this Court denied P la in tiff's incomplete motion to proceed in forma pauperis, granted Plaintiff's request for a n extension of time, and ordered Plaintiff to submit a complete motion to proceed in fo r m a pauperis within thirty days, and an amended complaint within twenty-one days, of th e entry of the Order (#7). In addition, this Court recommended denial of Plaintiff's m o tio n to amend (#9). The District Court adopted this recommendation on January 22, 2 0 1 0 (#11). P la in tiff has failed to submit a motion to proceed in forma pauperis or pay the s ta tu to ry filing fee, and the time to do so has passed. In addition, Plaintiff has failed to file an amended complaint adequately stating a claim against the named defendants. Despite an extension of time, Plaintiff has failed to comply with this Court's Orders (#2 2 and #7). Accordingly, Plaintiff's Complaint (#1) should be dismissed without prejudice u n d e r Local Rule 5.5(c)(2). III. C o n c lu s io n T h e Court recommends that the District Court dismiss the Complaint (#1) without p re ju d ic e , under Local Rule 5.5(c)(2), for failure to comply with the Court's Orders of December 2, 2009 (#2), and December 21, 2009 (#7). D A T E D this 22nd day of January, 2010. ___________________________________ U N IT E D STATES MAGISTRATE JUDGE 3

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