Kemp v. Huffman et al

Filing 46

ORDER declining 44 Report and Recommendations and referring the case back to Judge Young for further proceedings as necessary. Signed by Judge D. P. Marshall Jr. on 1/22/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

PLAINTIFF

MARVIN L. KEMP

v.

No. 1:12-cv-1-DPM-HDY

NATHAN HUFFMAN, Sergeant,
Grimes Unit, ADC; JONATHON
NOELL, Lieutenant, Grimes Unit, ADC;
JOE PAGE III, Assistant Warden,
Grimes Unit, ADC; JOHN MAPLES, Warden,
Grimes Unit, ADC; MARVIN EVANS,
Deputy Director, ADC; RAY HOBBS, Director, ADC

DEFENDANTS

ORDER
In December, Magistrate Judge H. David Young ordered Kemp to
provide a current address and to affirm that he wanted to proceed with his
lawsuit. Document No. 43. The deadline passed with no apparent response
from Kemp. Judge Young recommended dismissing Kemp's complaint for
failure to comply with the December order.

Document No. 44.

Kemp

promptly objected that he had complied but that his response must have been
lost in the mail. In the circumstances the Court declines the recommendation
and refers the case back to Judge Young for further proceedings as necessary.

So Ordered.

D.P. Marshall Jr.{!
United States District Judge
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