Williams v. Sim et al

Filing 7

RECOMMENDED DISPOSITION recommending that 2 Plaintiff's Complaint be dismissed without prejudice. Objections to R&R due by 1/5/2009. Signed by Magistrate Judge Beth Deere on 12/22/08. (hph)

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IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS E A S T E R N DIVISION T H E L M A WILLIAMS, JR., ADC #93197 V. C . SIM, et al. 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 Ju d g e William R. Wilson, Jr. Any party may file written objections to this re c o m m e n d a tio n . Objections should be specific and should include the factual or legal b a sis for the objection. If an objection is to a factual finding, specifically identify that f in d in g and the evidence that supports your objection. An original and one copy of your o b je c tio n s must be received in the office of the United States District Court Clerk no later th a n eleven (11) days from the date you receive the Recommended Disposition. A copy w ill be furnished to the opposing party. Failure to file timely objections may result in w a iv e r 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 A-149 L ittle Rock, AR 72201-3325 No. 2:08CV00196 WRW-BD DEFENDANTS PLAINTIFF II. B a c k gro u n d : Plaintiff, Thelma Williams, Jr., an inmate confined in the Maximum Security Unit o f the Arkansas Department of Correction ("ADC"), filed this action on November 13, 2 0 0 8 , under 42 U.S.C. 1983, alleging violations of his civil and constitutional rights (d o c k e t entry #2). On November 19, 2008, Plaintiff's Motion for Leave to Proceed in F o rm a Pauperis (#1) was denied under 28 U.S.C. 1915(g) because he had three prior "strik es." Plaintiff was ordered to pay the $350.00 statutory filing fee on or before D e c em b e r 19, 2008, in order to proceed with this lawsuit. Plaintiff was warned that f a ilu re to comply with the Order would result in dismissal of his lawsuit without p re ju d ic e . Plaintiff has failed to comply with the Order (#3) and the time for doing so has p a sse d . III. C o n c lu s io n : A c c o rd in g ly, the Court recommends that Plaintiff's Complaint (#2) be D IS M IS S E D WITHOUT PREJUDICE. DATED this 22nd day of December, 2008. ____________________________________ UNITED STATES MAGISTRATE JUDGE 2

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