Madden v. Arkansas, State of et al

Filing 5

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 3 Court's Order of 1/16/09. Objections to R&R due by 3/26/2009. Signed by Magistrate Judge Beth Deere on 3/12/09. (hph)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION L E E CESTER MADDEN, JR. A D C # 136534 V. C A S E NO. 5:09CV00010-JLH-BD DEFENDANTS

P L A IN T IF F

S T A T E OF ARKANSAS, et al. 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 Chief Judge J. Leon Holmes. 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 January 12, 2009, Plaintiff filed this lawsuit pro se under 42 U.S.C. § 1983

(d o c k e t entry #2). Plaintiff moved to proceed in forma pauperis (#1). On January 16, 2009, the Court issued an Order (#3) denying Plaintiff's motion for le a v e to proceed in forma pauperis and directing Plaintiff to file a complete application to p ro c e ed in forma pauperis, or pay the $350.00 filing fee, within thirty days of entry of the o rd e r. The time allowed has now passed, and Plaintiff has failed to file a complete a p p lic a tio n to proceed in forma pauperis or pay the $350.00 filing fee. Plaintiff was n o tif ie d that failure to timely comply with the Court's order could result in dismissal of h is case (#3). Accordingly, the Court recommends that Plaintiff's Complaint be d ism iss e d without prejudice for failure to comply with the Court's Order 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 January 16, 2009 (#3). DATED this 12th day of March, 2009.

____________________________________ U N IT E D STATES MAGISTRATE JUDGE

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