Martin v. Kelley et al
RECOMMENDED DISPOSITION recommending that 1 Martin's Complaint be dismissed, without prejudice, due to a 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. Signed by Magistrate Judge J. Thomas Ray on 11/29/2017. (kdr)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WENDY KELLEY, Director,
Arkansas Department of Correction, et al.
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.
Plaintiff Misty Martin ("Martin") is a prisoner in the McPherson Unit of
Arkansas Department of Correction.
On October 10, 2017, Martin filed a
Complaint alleging that Defendants violated her constitutional rights. Doc. 1.
However, Martin did not pay the $350 filing fee or file an Application to Proceed In
Accordingly, on October 20, 2017, the Court ordered Martin to either pay the
filing fee in full or to file an Application to Proceed In Forma Pauperis. Doc. 2.
Importantly, the Court warned Martin 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, Martin has not complied with the
October 20, 2017 Order, and the time to do so has expired.
IT IS THEREFORE RECOMMENDED THAT:
PREJUDICE, due to a lack of prosecution.
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.
Dated this 29th day of November, 2017.
UNITED STATES MAGISTRATE JUDGE
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