Joyner v. Arkansas Department of Correction et al

Filing 25

RECOMMENDED DISPOSITION recommending that 1 this case be dismissed, without prejudice; and the Court certify that in forma pauperis appeal from any Order adopting this Recommendation would not be taken in good faith. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge J. Thomas Ray on 11/9/2017. (kdr)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RUSTY EARL JOYNER ADC #600589 V. PLAINTIFF 4:16CV00664 KGB/JTR JAYNE LAWSON, Nurse, Central Arkansas Community Correction Center, et al. DEFENDANTS RECOMMENDED DISPOSITION The following Recommended Disposition (ARecommendation@) has been sent to United States District Judge Kristine G. Baker. Any party may file written objections to this Recommendation. Objections must be specific and include the factual or legal basis for disagreeing with the Recommendation. An objection to a factual finding must specifically identify the finding of fact believed to be wrong and describe the evidence that supports that belief. An original and one copy of the objections must be received in the office of the United States District Clerk within fourteen (14) days of this Recommendation. If no objections are filed, Judge Baker can adopt this Recommendation without independently reviewing all of the evidence in the record. By not objecting, you may also waive any right to appeal questions of fact. 1 I. Discussion On September 25, 2017, the Court ordered Plaintiff Rusty Earl Joyner ("Joyner") to file: (1) a Notice providing his current mailing address; and (2) a freeworld Application to Proceed In Forma Pauperis. Doc. 19. The Court also reminded Joyner that, pursuant to Local Rule 5.5(c)(2), this case would be dismissed, without prejudice, if he failed to timely and properly do so. Id. As of the date of this Recommended Disposition, Joyner has not complied with the September 25, 2017 Order. The time to do so has expired. II. Conclusion IT IS THEREFORE RECOMMENDED THAT: 1. This case be DISMISSED, WITHOUT PREJUDICE, pursuant to Local Rule 5.5(c)(2). 2. The Court CERTIFY, pursuant to 28 U.S.C. ' 1915(a)(3), that an in forma pauperis appeal from any Order adopting this Recommendation would not be taken in good faith. Dated this 9th day of November, 2017. ___________________________________ UNITED STATES MAGISTRATE JUDGE 2

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