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)

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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 ~} \~ vu\N) j ! -2- lo 1~

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