Pennington v. Anderson et al
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
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
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?