Collins v. Whaley

Filing 7

RECOMMENDED DISPOSITION recommending that the District Court dismiss the 1 Complaint without prejudice, under Local Rule 5.5(c)(2), for failure to comply with the Court's Orders of 6/2/09 and 6/29/09. Objections to R&R due by 8/25/2009. Signed by Magistrate Judge Beth Deere on 8/11/09. (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 K I N G R A L E COLLINS A D C # SK945 V. J O H N WHALEY C A S E NO. 5:09CV00152 BSM/BD DEFENDANT P L A IN T IF F 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 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 s is for the objection. If the objection is to a factual finding, specifically identify that fin 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 II. B ackground O n May 26, 2009, Plaintiff Kingrale Collins filed this 42 U.S.C. 1983 action (d o c k e t entry #1) pro se.1 On June 2, 2009, this Court ordered Plaintiff either to pay the s ta tu to ry filing fee or file a motion for leave to proceed in forma pauperis, and to submit a n amended complaint, all within thirty days (#2). On June 23, 2009, Plaintiff filed a motion to proceed in forma pauperis which s h o w e d assets in excess of $250,000.00 (#4). Based on Plaintiff's financial condition, th is Court denied the motion and ordered him to pay the statutory filing fee within thirty d a y s if he wanted to proceed with this action (#5). The Court also reminded Plaintiff that h e still needed to file an amended complaint. Both Orders (#2, #5) notified Plaintiff of h is responsibilities under Local Rule 5.5(c)(2) and cautioned him that failure to comply w ith the Orders could result in dismissal of his complaint. Plaintiff failed to file an amended complaint or pay the filing fee and the time to do s o has passed. Accordingly, Plaintiff's Complaint (#1) should be dismissed without p re ju d ic e 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 (#1) without p re ju d ic e , under Local Rule 5.5(c)(2), for failure to comply with the Court's Orders of June 2, 2009 (#2) and June 29, 2009 (#5). Plaintiff did not pay the statutory filing fee or file a motion to proceed in forma p a u p e ris . 1 DATED this 11th day of August, 2009. ___________________________________ U N IT E D STATES MAGISTRATE JUDGE

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