Spence v. Kelley et al

Filing 4

RECOMMENDED DISPOSITION recommending that 1 Spence's Complaint be dismissed, without prejudice, due to lack of prosecution; and the Court certify that an in forma pauperis appeal from any Order adopting this Recommendation would not be taken in good faith. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge J. Thomas Ray on 11/29/2017. (kdr)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
BRENDA SPENCE

PLAINTIFF

V.

1:17CV00087 KGB/JTR

WENDY KELLEY,
Director, Arkansas Department of Correction, et al.

DEFENDANTS

RECOMMENDED DISPOSITION
The following Recommended Disposition (ARecommendation@) has been sent
to United States District Judge Kristine G. Baker. Any party may file written
objections to this Recommendation. Objections must be specific and include the
factual or legal basis for disagreeing with the Recommendation. An objection to a
factual finding must specifically identify the finding of fact believed to be wrong
and describe the evidence that supports that belief.
An original and one copy of the objections must be received by the Clerk of
this Court within fourteen (14) days of this Recommendation. If no objections are
filed, Judge Baker can adopt this Recommendation without independently reviewing
all of the evidence in the record. By not objecting, you may also waive any right to
appeal questions of fact.

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I. Discussion
Plaintiff Brenda Spence ("Spence") is a prisoner in the McPherson Unit of
Arkansas Department of Correction.

On October 10, 2017, Spence filed a

Complaint alleging that Defendants violated her constitutional rights. Doc. 1.
However, Spence did not pay the $350 filing fee or file an Application to Proceed
In Forma Pauperis.
Accordingly, on October 20, 2017, the Court ordered Spence to either pay the
filing fee in full or to file an Application to Proceed In Forma Pauperis. Doc. 2.
Importantly, the Court warned Spence that this case would be dismissed, without
prejudice, if she failed to do so within thirty days. Id. (citing Local Rule 5.5(c)(2)).
As of the date of this Recommendation, Spence has not complied with the
October 20, 2017 Order, and the time to do so has expired.
II. Conclusion
IT IS THEREFORE RECOMMENDED THAT:
1.

Spence's

Complaint

(Doc.

1)

be

DISMISSED,

WITHOUT

PREJUDICE, due to a lack of prosecution.
2.

The Court CERTIFY, pursuant to 28 U.S.C. § 1915(a)(3), that an in

forma pauperis appeal from any Order adopting this Recommendation would not be
taken in good faith.

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Dated this 29th day of November, 2017.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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