Pennington v. Anderson et al

Filing 6

REPORT AND RECOMMENDATIONS that 2 Complaint filed by Frederick Pennington be dismissed with prejudice for failure to comply with the Court's Order of October 30, 2009. Objections to R&R due no later than 14 days from the date of receipt of the Recommended Disposition. Signed by Magistrate Judge Beth Deere on 12/2/09. (bkp)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION F R E D E R I C K PENNINGTON, ADC #71305 V. CASE NO. 5:09CV00334 BSM/BD DEFENDANTS

PLAINTIFF

R O L A N D ANDERSON, 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 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 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 fourteen (14) 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 October 27, 2009, Plaintiff filed this 42 U.S.C. § 1983 action (docket entry #2)

p ro se, along with a motion for leave to proceed in forma pauperis (#1). On October 30, 2 0 0 9 , this Court denied Plaintiff's motion for leave to proceed in forma pauperis under th e "three strikes" provision of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). The Court ordered Plaintiff to submit the statutory filing fee within thirty (30) days from th e entry of the October 30, 2009 Order (#3). Plaintiff failed to submit the statutory filing fee, and the time to do so has passed. Accordingly, Plaintiff's Complaint (#2) should be dismissed without prejudice under L o c a l 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 Order of October 30, 2009 (#3). D A T E D this 2nd day of December, 2009.

___________________________________ U N IT E D STATES MAGISTRATE JUDGE

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