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)

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.

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