Williams v. Sim et al
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)
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
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?