Weston v. Jones et al

Filing 5

RECOMMENDED DISPOSITION recommending the District Court dismiss the 2 Complaint without prejudice, under local rule 5.5(c)(2), for failure to comply with the Court's 3 Order of 11/17/09. 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 1/4/10. (hph)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION R O D N E Y EUGENE WESTON A D C # 132833 V. C A S E NO. 5:09CV00361-SWW-BD DEFENDANTS

P L A IN T IF F

R O D N E Y D. JONES, 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 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 November 13, 2009, Plaintiff brought this action pro se under 42 U.S.C.

§ 1983 (docket entry #2) and submitted a motion for leave to proceed in forma pauperis (# 1 ). By Order (#3) of November 17, 2009, Plaintiff was informed that his in forma p a u p e ris motion, although sufficient for state court proceedings, did not meet the federal s ta tu to ry requirements set forth in 28 U.S.C. § 1915. Plaintiff was ordered to submit a p ro p e r application to proceed in forma pauperis, or pay the statutory filing fee of $350.00, o n or before December 17, 2009. Plaintiff was warned that failure to comply with a C o u rt Order might result in dismissal of this case without prejudice under Local Rule 5 .5 ( c ) ( 2 ). Plaintiff has failed to submit a proper motion to proceed in forma pauperis or pay th e statutory filing fee, and the time to do so has passed. Accordingly, Plaintiff's C o m p la in t (#2) should be dismissed without prejudice. 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 November 17, 2009 (#3). D A T E D this 4th day of January, 2010.

___________________________________ U N IT E D STATES MAGISTRATE JUDGE 2