Mauldin v. Outlaw et al

Filing 8

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

II.

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