Kendred v Hitt et al

Filing 8

ORDER ADOPTING as modified 6 PROPOSED FINDINGS AND RECOMMENDATIONS. Kendred' s complaint will be dismissed without prejudice for failure to prosecute. Local Rule 5.5(c)(2). No strike is assessed. The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 2/28/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

KERRY KENDRED, JR.
ADC #14510

v.

PLAINTIFF

No. 3:13-cv-279-DPM-JJV

BECKY HITT, Jail Administrator;
TIFFANY GLOVER, Jailer; DOYLE
RAMEY, Jailer; and JASON THOMAS,
Jailer "Chuck"

DEFENDANTS

ORDER
Unopposed recommendation, NQ 6, adopted as modified. FED. R. CIV.
P. 72(b)(3) (1983 addition to advisory committee notes). Kendred did not file
an amended complaint, even though on screening Judge Volpe explained the
legal defects in the complaint. NQ 5. Now, mail to Kendred is being returned,
so he hasn't received the recent recommendation.

NQ 7.

Judge Volpe

pointedly reminded Kendred (in an Order that was not returned) that
Kendred had to keep his address current, and respond to orders within thirty
days, or his case could be dismissed.

NQ 5 at 4-5. In the circumstances,

Kendred' s complaint will be dismissed without prejudice for failure to
prosecute. Local Rule 5.5(c)(2). No strike is assessed. The Court certifies that

an in forma pauperis appeal from this Order and the accompanying Judgment
would not be taken in good faith.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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