Tucker v. Potts et al

Filing 10

RECOMMENDED DISPOSITION recommending that the District Court dismiss the 2 Complaint without prejudice, under Local Rule 5.5(c)(2), for failure to comply with the Court's Orders of 3/12/09 and 4/21/09. Objections to R&R due by 6/1/2009. Signed by Magistrate Judge Beth Deere on 5/18/09. (hph)

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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 L A N C E ANTHONY TUCKER VS. S U S A N POTTS A N D MARK GOBER NO. 5:09CV00076-SWW-BD PLAINTIFF 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 Ju d g e Susan Webber Wright. 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 II. B a c k gro u n d O n March 11, 2009, Plaintiff Lance Anthony Tucker filed this 42 U.S.C. 1983 a c tio n (docket entry #2) pro se, along with a Motion for Leave to Proceed in forma p a u p e r is (#1). On March 12, 2009, this Court granted Plaintiff leave to proceed in forma p a u p e r is and ordered him to file an amended complaint within thirty days of the entry of th e Order (#3). The Order notified Plaintiff of his duties under Local Rule 5.5(c)(2) and c a u tio n e d Plaintiff that failure to comply with the Order could result in dismissal of his c o m p lain t (#3). Plaintiff failed to file an amended complaint. O n April 21, 2009, the Court noted that Plaintiff was no longer incarcerated in the D r e w County Detention Facility and ordered Plaintiff to provide notice of his new address (# 7 ). In addition, this Court again ordered Plaintiff to file an amended complaint. Plaintiff was given until May 16, 2009, to comply. Plaintiff has failed to provide his new a d d re s s or file an amended complaint, and the time to do so has passed. Accordingly, P lain tiff 's Complaint (#2) should be dismissed without prejudice under Local Rule 5 .5 ( c ) ( 2 ) . 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 ic e , under Local Rule 5.5(c)(2), for failure to comply with the Court's Orders of 2 M arc h 12, 2009 (#3) and April 21, 2009 (#7). D A T E D this 18th day of May, 2009. ___________________________________ U N IT E D STATES MAGISTRATE JUDGE 3

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