Williams v. Manus et al

Filing 15

REPORT AND RECOMMENDATIONS re 2 Complaint filed by Thelma Williams, Jr be Dismissed Without Prejudice; Objections to R&R due by 7/7/2009. Signed by Magistrate Judge Beth Deere on 6/23/09. (dac)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION T H E L M A WILLIAMS, JR. V. D . WHITE, 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 J u d g e Susan Webber Wright. Any party may 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 s is for the objection. If an 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 le rk , United States District Court E a s te rn District of Arkansas 6 0 0 West Capitol Avenue, Suite A149 L ittle Rock, AR 72201-3325 No. 5:09CV00144 SWW-BD DEFENDANTS PLAINTIFF

II.

B ackground: Plaintiff, Thelma Williams, Jr., an inmate previously confined in the Arkansas

D e p a rtm e n t of Correction, filed this action on May 19, 2009, under 42 U.S.C. § 1983, a lle g in g violations of his civil and constitutional rights (docket entry #2). On May 20, 2 0 0 9 , this Court denied Plaintiff's Motion for Leave to Proceed in Forma Pauperis (#1) b e c a u s e he had three prior "strikes" under 28 U.S.C. § 1915(g) and failed to pay the re q u ire d filing fee (#4). Plaintiff was ordered to pay the $350.00 statutory filing fee w ith in thirty (30) days of the entry of the Order if he wished to proceed with this lawsuit. Plaintiff was warned that failure to comply with the Order would result in dismissal of his la w s u it without prejudice. Plaintiff has failed to comply with the Order (#4), and the time f o r doing so has passed. 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 23rd day of June, 2009.

____________________________________ UNITED STATES MAGISTRATE JUDGE

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