Pitts v. Marshall et al

Filing 6

RECOMMENDED DISPOSITION that Pltf's 2 Complaint be DISMISSED WITHOUT PREJUDICE for failure to comply with the Court's Order 4 ; Objections to R&R due by 11/20/2008. Signed by Magistrate Judge Beth Deere on 11/6/08. (vjt)

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IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION K E N N E T H RAY PITTS A D C # 85938 VS. CASE NO.: 5:08CV00262-JLH-BD PLAINTIFF J O Y C E L. MARSHALL, 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 Chief United States D istric t Judge J. Leon Holmes. 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 receipt of the findings and recommendations. A copy will be f u rn is h e d to the opposing party. Failure to file timely objections may result in waiver of th e right to appeal questions of fact. If you are objecting to the recommendation and also desire to submit new, d if f ere n t, or additional evidence, and to have a hearing for this purpose before the District J u d g e , you must, at the same time that you file your written objections, include the following: 1. 2. W h y the record made before the Magistrate Judge is inadequate. T h e details of any testimony desired to be introduced at the h e a rin g before the District Judge in the form of an offer of p ro o f , and a copy, or the original, of any documentary or o th e r non-testimonial evidence desired to be introduced at th e hearing before the District Judge. F rom this submission, the District Judge will determine the need for an evidentiary h e a rin g , either before the Magistrate Judge or before the District Judge. 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 A-149 L ittle Rock, AR 72201-3325 II. B a c k gro u n d : Plaintiff, Kenneth Ray Pitts, an inmate confined in the Cummins Unit of the A rk a n sa s Department of Correction, filed this action on September 22, 2008, under 42 U .S .C . 1983, alleging violations of his civil and constitutional rights (docket entry #2). On September 24, 2008, Plaintiff's Motion for Leave to Proceed in Forma Pauperis (#1) w a s denied under 28 U.S.C. 1915(g) because he had three prior "strikes" and he failed to pay the required filing fee (#4). Plaintiff was ordered to pay the $350.00 statutory f ilin g fee on or before October 24, 2008, in order to proceed with this lawsuit. Plaintiff w a s warned that failure to comply with the Order would result in dismissal of his lawsuit w ith o u t prejudice. Plaintiff has failed to comply with the Order (#4) and the time for d o in g so has passed. 2 III. C o n c lu s io n : A c c o rd in g ly, the Court recommends that Plaintiff's Complaint be DISMISSED W IT H O U T PREJUDICE. DATED this 6th day of November, 2008. ____________________________________ UNITED STATES MAGISTRATE JUDGE 3

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