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)

Download PDF
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

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?