Whelchel v. Bowers

Filing 6

PROPOSED FINDINGS AND RECOMMENDATION recommending that 2 complaint filed by Jason Allen Whelchel be dismissed without prejudice. Signed by Magistrate Judge Patricia S. Harris on 11/16/2020. (wbb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
JASON ALLEN WHELCHEL
#265137
v.

PLAINTIFF

No: 3:20-cv-00277 KGB-PSH

KEITH BOWERS

DEFENDANT

PROPOSED FINDINGS AND RECOMMENDATION
INSTRUCTIONS
The following Recommendation has been sent to United States District Judge
Kristine G. Baker. You may file written objections to all or part of this
Recommendation. If you do so, those objections must: (1) specifically explain the
factual and/or legal basis for your objection; and (2) be received by the Clerk of this
Court within fourteen (14) days of this Recommendation. By not objecting, you
may waive the right to appeal questions of fact.
DISPOSITION
Plaintiff Jason Allen Whelchel filed a pro se complaint on September 11, 2020
(Doc. No. 2). On September 25, 2020, the Court entered an order directing Whelchel
to submit the full $400.00 filing and administrative fees or file a fully completed IFP
application within 30 days. See Doc. No. 5. Whelchel was cautioned that failure to

comply with the Court’s order within that time would result in the recommended
dismissal of his case.
More than 30 days have passed, and Whelchel has not complied or otherwise
responded to the September 25 order. Accordingly, the Court finds that this action
should be dismissed without prejudice for failure to comply with Local Rule
5.5(c)(2) and failure to respond to the Court’s orders. See Miller v. Benson, 51 F.3d
166, 168 (8th Cir. 1995) (District courts have inherent power to dismiss sua sponte
a case for failure to prosecute, and exercise of that power is reviewed for abuse of
discretion).
It is therefore recommended that Whelchel’s complaint (Doc. No. 2) be
dismissed without prejudice.
DATED this 16th day of November, 2020.

___________________________________
UNITED STATES MAGISTRATE JUDGE