Banks v. Higgins et al

Filing 6

ORDER approving and adopting 4 Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; dismissing, without prejudice 1 Complaint; and certifying that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 9/26/2024. (ajj)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JAVEON BANKS #12170 V. PLAINTIFF Case No. 4:24-CV-00619-LPR ERIC HIGGINS, Pulaski County Sheriff, Pulaski County Regional Detention; NELSON, Jail Administrator, Pulaski County Regional Detention; and BARRY HYDE, Quorum Court Judge, Pulaski County Quorum Court DEFENDANTS ORDER The Court has reviewed the Recommended Disposition (RD) submitted by United States Magistrate Judge Benecia B. Moore (Doc. 4). No objections have been filed, and the time for doing so has expired.1 After a de novo review of the RD, along with careful consideration of the entire case record, the Court hereby approves and adopts the RD in its entirety as this Court’s findings and conclusions in all respects. Accordingly, Plaintiff’s Complaint (Doc. 1) is hereby DISMISSED without prejudice for failure to prosecute. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. IT IS SO ORDERED this 26th day of September 2024. ________________________________ LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE 1 It appears the RD was returned as undeliverable because the Plaintiff is no longer at the detention facility. See Doc. 5. It is Plaintiff’s responsibility to update his address. Local Rule 5.5(c)(2). However, out of an abundance of caution, the Court will give Plaintiff 30 days to update his address with the Court and file objections to the RD. Plaintiff must file any such objections in the form of a Motion to Reconsider this Order of dismissal and the corresponding Judgment. If Plaintiff does file such a Motion, the Court will reconsider de novo any part of the RD that is properly objected to and evaluate whether this case should be re-opened.

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