Sills v. Edwards et al

Filing 8

RECOMMENDED DISPOSITION recommending that the District Court dismiss the 1 Complaint without prejudice, under Local Rule 5.5(c)(2), for failure to comply with the 5 Court's Order of 12/8/08. Objections to R&R due by 1/23/2009. Signed by Magistrate Judge Beth Deere on 1/9/09. (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 L E O N A R D A. SILLS A D C #138335 V. W E N D Y KELLEY, 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 Susan Webber Wright. Any party may serve and 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 the 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 A149 L ittle Rock, AR 72201-3325 CASE NO. 2:08CV00198 SWW/BD DEFENDANTS PLAINTIFF II. B a c k gro u n d P lain tiff Leonard A. Sills filed this 42 U.S.C. 1983 action (docket entry #1), a lo n g with a Motion for Leave to Proceed in forma pauperis (#2), in the Western District o f Arkansas. The Western District transferred Plaintiff's case to this Court (#3, #4). On December 8, 2008, this Court denied Plaintiff's Motion for Leave to Proceed in fo rm a pauperis because Plaintiff was no longer incarcerated in the Arkansas Department o f Correction ("ADC") and the pending motion did not reflect Plaintiff's post-release f in a n c ia l status. Plaintiff was ordered to file a current motion to proceed in forma p a u p e ris within thirty days of the entry of the Court's Order (#5). In addition, the Court n o ted that Plaintiff's Complaint (#1) failed to allege an injury, as required to state a claim f o r deliberate indifference to Plaintiff's serious medical needs, and ordered Plaintiff to f ile an amended complaint which included allegations of his injury. The Plaintiff was req u ired to file the amended complaint also within thirty days of the entry of the Court's O rd e r (#5). The Plaintiff was warned that failure to fully comply with the Order could re su lt in dismissal of his action under Local Rule 5.5(c)(2) of the Eastern District of A rk a n s a s and the Federal Rules of Civil Procedure. Plaintiff has not responded to the Court's Order and the time for doing so has p a ss e d . Plaintiff has failed to file an amended complaint or a current motion to proceed in forma pauperis. Plaintiff has further failed to inform the Court and other parties in this p ro c e e d in g of his new address as required by Local Rule 5.5(c)(2). 2 III. C o n c lu s io n T h e Court recommends that the District Court dismiss the Complaint (#1) without p re ju d ic e , under Local Rule 5.5(c)(2), for failure to comply with the Court's Order of D e c e m b e r 8, 2008 (#5). DATED this 9th day of January, 2009. ____________________________________ U N IT E D STATES MAGISTRATE JUDGE 3

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