Scudder v. Eichler et al

Filing 14

ORDER ADOPTING 11 Proposed Findings and Recommended Disposition. Defendants' 6 Motion to Dismiss is GRANTED, and Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal taken from an order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody Jr. on 4/16/2015. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
ROBERT LEONARD SCUDDER, JR.
ADC #148999
V.

PLAINTIFF

NO: 4:15CV00031 JM/JWC

TIFFANY EICHLER et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Jerry W. Cavaneau. No objections have been filed. In fact,
the Magistrate’s Proposed Findings and Recommended Disposition that was mailed to Plaintiff
at the address he provided was returned to the Clerk’s office marked “undeliverable.” The Court
notes that Local Rule 5.5(c)(2) instructs pro se parties that it is their responsibility to notify the
Clerk and other parties of any change in their address, to monitor the progress of the case, and to
prosecute or defend the action diligently.

Plaintiff has failed to do so.

After careful

consideration, the Court concludes that the Proposed Findings and Recommended Disposition
should be, and hereby are, approved and adopted in their entirety as this Court's findings in all
respects.
IT IS THEREFORE ORDERED THAT:
1.

Defendants’ motion to dismiss (Docket No. 6) is GRANTED, and Plaintiff’s

complaint is DISMISSED WITHOUT PREJUDICE.
2.

This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.

DATED this 16th day of April, 2015.

_________________________________
UNITED STATES DISTRICT JUDGE