Brown v. Crittenden County Sheriff Department et al

Filing 178

REPORT AND RECOMMENDATIONS recommending the Court to grant 176 Defendants' MOTION to Dismiss & recommending the dismissal of Plaintiff's claims without prejudice, under Local Rule 5.5(c)(2) & Federal Rule of Civil Procedure 41(b), for failure to comply with 172 Order entered 11/17/08. Objections to R&R due by 2/13/2009. Signed by Magistrate Judge Beth Deere on 1/30/09. (jct)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS J O N E S B O R O DIVISION

J E F F E R Y BROWN V. C A S E NO. 3:07-CV-00083-SWW-BD

P L A IN T IF F

C R I T T E N D E N COUNTY S H E R I F F 'S DEPARTMENT, et al.

DEFENDANTS

R E C O M M E N D E D DISPOSITION I. P r o c e d u r e s for Filing Objections The 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 receipt of the recommendations. A copy will be furnished to th e opposing party. Failure to file timely objections may result in a waiver of the right to a p p e al questions of fact. From this submission, the District Judge will determine the n e c es s ity for an evidentiary hearing, either before the Magistrate Judge or before the D is tric t Judge.

M a il your objections and request for a hearing 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 T h is 42 U.S.C. § 1983 action was removed to federal court on June 21, 2007, after P la in tif f filed it initially in the Circuit Court of Crittenden County on May 18, 2007. Plaintiff is proceeding pro se and in forma pauperis. On November 14, 2008, Plaintiff filed a notice of change of address indicating that h e is no longer incarcerated (#169). Accordingly, on November 17, 2008, the Court o rd e re d that Plaintiff file a status update or current request to proceed in forma pauperis w ith in thirty days to proceed with this action (#172). Plaintiff was notified that failure to c o m p ly with the Court's order could result in dismissal of his case. Plaintiff has not re sp o n d e d to the Court's Order and has not filed a status update or current request to p ro c e ed in forma pauperis within the time allowed. Pending now is Defendants' motion to dismiss this action based upon Plaintiff's f a ilu re to comply with the Court's Order (#176). Plaintiff has not responded to D ef en d an ts ' motion. Based upon Plaintiff's failure to comply with this Court's Order, P la in tif f 's motion (#176) should be GRANTED.

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III.

C o n c lu s io n T h e Court recommends that the District Court grant Defendants' motion to dismiss

(# 1 7 6 ) and dismiss Plaintiff's claims without prejudice, under Local Rule 5.5(c)(2) and F e d e ra l Rule of Civil Procedure 41(b), for failure to comply with the Court's Order of N o v em b er 17, 2008 (#172). D A T E D this 30th day of January, 2009.

____________________________________ U N IT E D STATES MAGISTRATE JUDGE

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