Nelson v. Tyner et al

Filing 9

RECOMMENDED DISPOSITION recommending that the District Court dismiss the Complaint without prejudice under Local Rule 5.5(c)(2) for failure to comply with the Court's Order of 8/8/2008. Objections to R&R due by 10/1/2008. Signed by Magistrate Judge Beth Deere on 9/17/2008. (thd)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION B R Y A N T NELSON A D C # 601638 v. T Y N E R , et al. C A S E NO.: 2:08CV00133-SWW-BD DEFENDANTS PLAINTIFF 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 C o u rt Judge Susan Webber Wright. Any party may serve and file written objections to th is recommendation. Objections should be specific and should include the factual or le g a l basis for the objection. If the objection is to a factual finding, specifically identify th a t finding and the evidence that supports your objection. An original and one copy of yo u r objections must be received in the office of the United States District Court Clerk no la te r than eleven (11) days from the date you receive the Recommended Disposition. A c o p y will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact. M a il your objections and "Statement of Necessity" to: C lerk , United States District Court E a ste rn District of Arkansas 6 0 0 West Capitol Avenue, Suite A149 L ittle Rock, AR 72201-3325 II. B a c k gro u n d On July 11, 2008, Plaintiff, an inmate at the Arkansas Department of Correction, E a st Arkansas Regional Unit, filed a Complaint under 42 U.S.C. 1983 (docket entry #1) c h a lle n g in g his conditions of confinement. On August 8, 2008, Plaintiff was granted le a v e to proceed in forma pauperis and was ordered to file an Amended Complaint within 3 0 days (# 7). Plaintiff was notified that failure to comply with the Court's order could r e su l t in dismissal of his case. Plaintiff has not responded to the Court since that last O rd e r, and he has not filed an Amended Complaint within the time allowed. III. C o n c lu s io n T h e Court recommends that the District Court dismiss the Complaint without p re ju d ic e , under Local Rule 5.5(c)(2), for failure to comply with the Court's Order of A u g u s t 8, 2008 (#7). DATED this 17th day of September, 2008. ___________________________________ U N IT E D STATES MAGISTRATE JUDGE 2

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