Little v. Dub Brassell Detention Center et al

Filing 20

RECOMMENDED DISPOSITION recommending that the District Court dismiss the 5 Amended Complaint without prejudice, under Local Rule 5.5(c)(2), for failure to comply with the Courts Order of 12/11/09. Objections to R&R due no later than 14 days from the date the Recommended Disposition is received. Signed by Magistrate Judge Beth Deere on 2/4/10. (hph)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION

D A R R Y L E. LITTLE, SR. A D C # 708998 V. C A S E NO. 5:09CV00313-JLH-BD

P L A IN T IF F

W . C. "DUB" BRASSELL DETENTION CENTER, 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 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 fourteen (14) 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 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 October 15, 2009, Plaintiff brought this action pro se under 42 U.S.C.

§ 1983 (docket entry #2). He was granted leave to proceed in forma pauperis by Order of O c to b e r 19, 2009 (#3). In that Order, Plaintiff was directed to file an Amended C o m p la in t, which he filed on November 13, 2009. Plaintiff's claims against the W. C. "Dub" Brassell Detention Center have been d is m is s e d (#11). Service of summons has not yet been effected upon Defendant Johnson. T h e Court has attempted to mail documents to Plaintiff concerning his case, using th e address on record, but those documents have been returned to the Court as u n d e liv e ra b le (#10, 13, 14, 18, 19). On December 11, 2009, Plaintiff was ordered to p ro v id e the Court with his new address within 30 days (#16). Plaintiff was reminded of th e requirements of Local Rule 5.5(c)(2) and was warned that failure to comply with a c o u rt order could result in dismissal of his case. Plaintiff has failed, however, to comply w ith the Court's Order. Accordingly, Plaintiff's Amended Complaint should be d is m is s e d 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 Amended Complaint (# 5 ) without prejudice, under Local Rule 5.5(c)(2), for failure to comply with the Court's O rd e r of December 11, 2009.

2

DATED this 4th day of February, 2010.

___________________________________ U N IT E D STATES MAGISTRATE JUDGE

3