Rideout v. Potts

Filing 13

RECOMMENDED DISPOSITION recommending that the District Court dismiss 2 Plaintiff's Complaint without prejudice, under Local Rule 5.5(c)(2), for failure to comply with the Court's 10 Order of 10/23/08. Objections to R&R due by 12/18/2008. Signed by Magistrate Judge Beth Deere on 12/3/08. (hph)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION E R I C RIDEOUT V. S U S A N POTTS 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 Ju d g e Brian S. Miller. Any party may serve and file written objections to this re c o m m e n d a tio n . Objections should be specific and should include the factual or legal b a sis for the objection. If the objection is to a factual finding, specifically identify that f in d in g and the evidence that supports your objection. An original and one copy of your o b je c tio n s must be received in the office of the United States District Court Clerk no later th a n eleven (11) days from the date you receive the Recommended Disposition. A copy w ill be furnished to the opposing party. Failure to file timely objections may result in w a iv e r 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 CASE NO. 5:08CV00252 BSM/BD DEFENDANT P L A IN T IF F II. B a c k gro u n d : On September 4, 2008, Plaintiff, a pretrial detainee at the Drew County Detention C e n t e r, filed this lawsuit pro se under 42 U.S.C. 1983 (docket entry #2). Plaintiff also m o v e d to proceed in forma pauperis (#1). On September 9, 2008, the Court issued an O rd e r (#3) granting the motion to proceed in forma pauperis and notifying Plaintiff of his re sp o n sib ility to comply with Local Rule 5.5(c)(2). Since then, all of the mailings to P la in tif f have been returned as undeliverable (#5, #7, #12). On October 23, 2008, the Court ordered Plaintiff to provide notice of his new a d d re ss on or before November 27, 2008, and state whether he wishes to proceed with his la w s u it (#10). Plaintiff was notified that failure to timely comply with the Court's order c o u ld result in dismissal of his case. Plaintiff has failed to respond to the Court's Order. Accordingly, the Court recommends that Plaintiff's Complaint (#2) be dismissed without p rejud ice for failure to comply with the Court's Order (#10) and Local Rule 5.5(c)(2). III. C o n clu s io n : T h e Court recommends that the District Court dismiss Plaintiff's Complaint w ith o u t prejudice, under Local Rule 5.5(c)(2), for failure to comply with the Court's O rd e r of October 23, 2008 (#10). DATED this 3rd day of December, 2008. ____________________________________ U N IT E D STATES MAGISTRATE JUDGE 2

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