Aaron v. Howell et al

Filing 40

ORDER declining to adopt 37 Report and Recommendations on the merits. Dismissing Aaron's complaint without prejudice for failure to prosecute and keep his address current. Signed by Judge D. P. Marshall Jr. on 12/13/2013. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KAMEON V ANKEIS AARON, ADC # 129521 v. PLAINTIFF No. 5:12-cv-180-DPM-JTK CAROL KILGORE DEFENDANT ORDER The Court has considered Magistrate Judge Jerome T. Kearney's proposed findings and recommendations, NQ 3 7. Aaron has not objected- his mail from the Court has been returned "undeliverable" since early October. He was released from prison at some point. It is not clear to the Court that Aaron received the motion for summary judgment, through Kilgore served it on him in late September. In the circumstances, the Court declines to adopt the recommendation, which goes to the merits. Aaron's complaint will be dismissed without prejudice for failure to prosecute and keep his address current. Local Rule 5.5(c). The parties and the Court have devoted substantial time to this lawsuit. If Aaron seeks to reopen it, or to file another case based on his cell assignment, then the litigation should start by recognizing all the rulings through September 2013 and reactivating Kilgore's motion for summary judgment. Having to refile everything is unnecessary. So Ordered. -2-

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