Hunter v. Arkansas Department of Correction et al

Filing 50

RECOMMENDED DISPOSITION that Pltf's 2 Complaint be dismissed without prejudice, under Local Rule 5.5(c)(2), for failure to comply with the Court's 45 Order of July 29, 2008; Objections to R&R due by 9/22/2008. Signed by Magistrate Judge Beth Deere on 9/8/08. (vjt)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION B I L L Y HUNTER V. CASE NO. 5:07cv00325-SWW-BD PLAINTIFF

A R K A N S A S DEPARTMENT OF CORRECTION, et al.

DEFENDANTS

R E C O M M E N D E D DISPOSITION

I.

P r o c e d u r e for Filing Objections T h e following recommended disposition has been sent to United States District

C o u rt Judge Susan Webber Wright. Any party may serve and file written objections to th is recommendation. Objections should be specific and should include the factual or le g a l basis for the objection. If the objection is to a factual finding, specifically identify th a t finding and the evidence that supports your objection. An original and one copy of yo u r objections must be received in the office of the United States District Court Clerk no la te r than eleven (11) days from the date you receive the Recommended Disposition. A c o p y will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact. M a il your objections and "Statement of Necessity" to: C lerk , United States District Court E a ste rn District of Arkansas 6 0 0 West Capitol Avenue, Suite A149 L ittle Rock, AR 72201-3325

II.

B a c k gro u n d On December 27, 2007, Plaintiff Billy Hunter, formerly an Arkansas Department

o f Correction ("ADC") inmate, filed this case pro se under 42 U.S.C. § 1983 (docket e n try #2). Plaintiff also filed an Application to Proceed In Forma Pauperis (#5). On J a n u a ry 28, 2008, the Court granted Plaintiff's Application to Proceed In Forma Pauperis (#8 ). O n July 10, 2008, mail from the Court to Mr. Hunter, consisting of a copy of the S c h e d u lin g Order setting this case for an evidentiary hearing, was returned and marked " p a ro le d " (#43). Accordingly, on July 29, 2008, the Court ordered Plaintiff to file a status re p o rt and new application to proceed in forma pauperis within thirty days to determine w h e th e r he should be required to pay all, or a portion, of the fees and costs of the lawsuit (# 4 5 ). Plaintiff was warned that failure to comply with the Order could result in dismissal o f the action under Local Rule 5.5(c)(2). The Order was sent to Plaintiff's last known a d d re ss . Plaintiff has not responded to the Court and has not filed an updated application to proceed in forma pauperis within the time allowed. III. C o n c lu s io n T h e Court recommends that the District Court dismiss the Complaint (#2) without p re ju d ice , under Local Rule 5.5(c)(2), for failure to comply with the Court's Order of July 2 9 , 2008 (#45).

DATED this 8th day of September, 2008.

___________________________________ U N IT E D STATES MAGISTRATE JUDGE