Wynne v. Lumkins et al

Filing 5

RECOMMENDED DISPOSITION recommending that the District Court dismiss 1 Plaintiff's Complaint without prejudice, under Local Rule 5.5(c)(2), for failure to comply with the Courts 3 Order of 10/30/09. In addition, the Court recommends that 2 Plaintiffs motion for restraining order be denied as moot. Objections to R&R due 14 days from receipt of recommendations. Signed by Magistrate Judge Beth Deere on 12/1/09. (hph)

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IN THE UNITED STATES DISTRICT COURT E AS T E R N DISTRICT OF ARKANSAS W E S T E R N DIVISION B I L L Y WYNNE AD C # 601431 V. N U R S E LUM K IN S , et al. R E C O M M E N D E D DISPOSITION I. P r o c e d ur e s for Filing Objections The following recommended disposition has been sent to United States District J ud g e Brian S. Miller. Any party may serve and file written objections to this re c o m m e nd a tio n. Objections should be specific and should include the factual or legal ba s is for the objection. If the objection is to a factual finding, specifically identify that find ing and the evidence that supports your objection. An original and one copy of your o bjec tio ns must be received in the office of the United States District Court Clerk no later th a n fourteen (14) days from receipt of the recommendations. A copy will be furnished to th e opposing party. Failure to file timely objections may result in waiver of the right to a p p e a l questions of fact. M a il your objections and "Statement of Necessity" to: C lerk , United States District Court E a s te rn District of Arkansas 6 0 0 West Capitol Avenue, Suite A149 L ittle Rock, AR 72201-3325 C AS E NO. 4:09CV00827 BSM /B D D E F E N D AN T S P L AIN T IF F II. B a c k g r o un d : On October 27, 2009, Plaintiff filed this lawsuit pro se under 42 U.S.C. 1983 (d o c k e t entry #1). Although Plaintiff filed a motion for restraining order (#2), he failed to s ubm it either a proper application to proceed in forma pauperis or pay the statutory filing fe e . Accordingly, on October 30, 2009, Plaintiff was directed to file an application or pay th e filing fee of $350.00 within thirty days (#3). The application to proceed in forma p a u p e ris or payment of the filing fee was due on or before November 29, 2009. The time allowed has now passed, and Plaintiff has failed to submit an application to p ro c e e d in forma pauperis or pay the $350.00 filing fee to initiate this action. Plaintiff was no tified that failure to timely comply with the Court's order could result in dismissal of his c a s e (#3). III. C o nc lus io n: Th e Court recommends that the District Court dismiss Plaintiff's Complaint without p re jud ice , under Local Rule 5.5(c)(2), for failure to comply with the Court's Order of O c to be r 30, 2009 (#3). In addition, the Court recommends that Plaintiff's motion for re s tra ining order be DENIED (#2) as moot. DATED this 1st day of December, 2009. ____________________________________ UN ITE D STATES MAGISTRATE JUDGE 2

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