Mauldin v. Outlaw et al
RECOMMENDED DISPOSITION recommending that the District Court dismiss the Complaint without prejudice, under Local Rule 5.5(c)(2), and for failure to comply with the Court's Order of 12/29/08. Objections to R&R due by 2/25/2009. Signed by Magistrate Judge Beth Deere on 2/11/09. (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 A L F R E D LEE MAULDIN R e g # 14877-075 VS. NO. 2:08-CV-00213-BSM-BD PETITIONER
T .C . OUTLAW, Warden, Federal Correctional Complex, F o r r e s t City, Arkansas 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
R ESPO N D EN T
T h e following recommended disposition has been sent to United States District C o u rt Judge Brian S. Miller. 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
B a c k gro u n d On December 11, 2008, Plaintiff, a federal prisoner proceeding pro se, filed a
p e titio n for writ of habeas corpus under 28 U.S.C. § 2241 (docket entry #1). Petitioner d id not pay the $5.00 statutory filing fee or submit a motion for leave to proceed in forma p a u p e ris . On December 29, 2008, the Court entered an order (#3) granting Petitioner th irty days to pay the filing fee or file a motion for leave to proceed in forma pauperis. In th e order, Plaintiff was notified that failure to comply with the Court's order could result in dismissal of his case under Local Rule 5.5(c)(2) and the Federal Rules of Civil P r o c e d u re . P la in tif f has not paid the filing fee or filed a motion for leave to proceed in forma p a u p e ris within the time allowed by the Court's order. 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), and for failure to comply with the Court's Order of D e c em b e r 29, 2008. D A T E D this 11th day of February, 2009.
___________________________________ U N IT E D STATES MAGISTRATE JUDGE
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