Scoles et al v. Arkansas Department of Correction et al

Filing 8

ORDER ADOPTING 6 Partial Report and Recommendations in their entirety; therefore, pltfs' 1 Motion for Leave to Proceed in forma pauperis, and 3 Motion to Appoint Counsel are denied; if pltfs desire to proceed with this action, they must submit the $350 filing fee in full within 30 days of entry of this Order. Signed by Judge Susan Webber Wright on 5/21/10. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LARRY SCOLES, et al V. NO. 5:10cv00122 SWW-JWC PLAINTIFFS ARKANSAS DEPARTMENT OF CORRECTION, et al ORDER DEFENDANTS The Court has reviewed the Proposed Findings and Recommendation received from Magistrate Judge Jerry Cavaneau. There have been no objections. The Findings and Recommendation are adopted in their entirety as this Court's findings. Accordingly, Plaintiffs' application to proceed in forma pauperis (doc. 1) and motion for counsel (doc. 3) are hereby denied. If Plaintiffs desire to proceed with this action, they are ordered to submit the $350.00 filing fee in full within thirty (30) days of entry of this order. See 28 U.S.C. 1914(a). Plaintiffs are informed that their failure to comply in a timely manner with the Court's order will result in a recommended dismissal of their action without prejudice for failure to prosecute the action diligently and failure to comply with the Court's order pursuant to Local Rule 5.5(c)(2) of the Rules of the United States District Court for the Eastern District of Arkansas.1 Plaintiffs are hereby notified of their responsibility to comply with Local Rule 5.5(c)(2), which provides: "It is the duty of any party not represented by counsel to promptly notify the Clerk 1 IT IS SO ORDERED this 21st day of May, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. A party appearing for himself/herself shall sign his/her pleadings and state his/her address, zip code, and telephone number. If any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure." 2

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