Gray v. Hall et al

Filing 26

ORDER directing the Clerk of Court to send a copy of this Order and the 20 Proposed Findings and Recommendation to Mr. Gray at the return address listed on the envelope that contained the letter of 2/21/2017, 23 . The Court extends the time for Mr . Gray to file an objection to the Proposed Findings and Recommendations up to and including 7/7/2017. For good cause shown, the Court grants Mr. Halls motion (Dkt. No. 25 ). The Court will hold in abeyance the dispositive motions deadline and all other deadlines in effect pending the Court's ruling on the Proposed Findings and Recommendations in this action. Signed by Judge Kristine G. Baker on 6/6/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
RUBBY JAMES GRAY
v.

PLAINTIFF
Case No. 3:16-cv-00288 KGB-JJV

MATT HALL, Jail Administrator,
Craighead County Detention Facility, et al.

DEFENDANTS

ORDER
Before the Court are the Proposed Findings and Recommendations submitted by United
States Magistrate Judge Joe J. Volpe on December 8, 2016 (Dkt. No. 20). The Proposed Findings
and Recommendations advise this Court to dismiss without prejudice the action pursuant to Local
Rule 5.5(c)(2). Plaintiff Rubby Gray has not filed a response, and the time for filing a response
has passed.
Mail from this Court to Mr. Gray has consistently been returned as undeliverable since
early in this litigation (Dkt. Nos. 8, 15, 16, 17, 18, 21, 22). However, on February 21, 2017, and
again on March 10, 2017, Mr. Gray submitted letters to this Court requesting information about
the action (Dkt. Nos. 23, 24). In his first letter, Mr. Gray indicates that he had been incarcerated
in Tupelo, Mississippi, during some period of this litigation but that he is now once again
incarcerated in Craighead County, Arkansas (Dkt. No. 23). In his second letter, Mr. Gray requests
that this Court update him on the case (Dkt. No. 24).
In the light of the fact that Mr. Gray may have had good cause not to have received this
Court’s communications, the Court directs the Clerk of Court to send a copy of this Order and the
Proposed Findings and Recommendation (Dkt. No. 20) to Mr. Gray at the return address listed on
the envelope that contained the letter of February 21, 2017 (Dkt. No. 23). The Court extends the
time for Mr. Gray to file an objection to the Proposed Findings and Recommendations up to and

including July 7, 2017. Unless Mr. Gray files a timely objection indicating that he wishes to
proceed with this action, the Court will adopt in full the Proposed Findings and Recommendations,
and the action will be dismissed without prejudice pursuant to Local Rule 5.5(c)(2).
Also before the Court is defendant Jason Hall’s motion to hold dispositive motions deadline
in abeyance pending ruling (Dkt. No. 25). For the reasons stated above, the Court reserves ruling
on the Proposed Findings and Recommendations in order to provide Mr. Gray additional time to
file an objection. Presently, the deadline to file dispositive motions is June 12, 2017, a date within
the additional time provided to Mr. Gray (Dkt. No. 14). For good cause shown, the Court grants
Mr. Hall’s motion (Dkt. No. 25). The Court will hold in abeyance the dispositive motions deadline
and all other deadlines in effect pending the Court’s ruling on the Proposed Findings and
Recommendations in this action.
It is so ordered this the 6th day of June, 2017.

_______________________
Kristine G. Baker
United States District Judge

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