Martin v. Pete et al

Filing 36

REPORT AND RECOMMENDATIONS recommending that 1 Complaint Referred (42:1983) filed by John Willie Martin be dismissed with prejudice for Plaintiff's failure to obey the order of the court and his failure to prosecute this action. Objections to R&R due by 3/2/2009. Signed by Honorable Barry A. Bryant on February 10, 2009. (cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION JOHN WILLIE MARTIN v. Civil No. 1:07-cv-01115 PLAINTIFF

RANDY PEEK, Chief of Police, Warren Police Department; BUTCH BELIN, Sheriff, Bradley County, Arkansas; DEPUTY HEARNSBERGER, Bradley County Sheriff's Office; OFFICER CAROLYN HURD, Warren Police Department

DEFENDANTS

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff, John Willie Martin, filed this civil rights action pursuant to the provisions of 42 U.S.C. § 1983. He is proceeding pro se and in forma pauperis. Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3)(2007), the Honorable Harry F. Barnes, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation. Separate Defendants Randy Peek and Carolyn Huitt (the City of Warren Defendants) filed a summary judgment motion (Doc. 27). Separate Defendants Sheriff Butch Belin and Deputy Hearnsberger (the Bradley County Defendants) also filed a motion for summary judgment (Doc. 30). To assist Plaintiff in responding to the summary judgment motions, I propounded a questionnaire (Doc. 35). Plaintiff was directed to complete, sign, and return the questionnaire on or before

February 4, 2009. Plaintiff was advised that his failure to respond within the required period of time might subject this matter to dismissal for failure to comply with a court order. To date Plaintiff has not responded to the court order. Plaintiff has not sought an extension of time to comply with the court order. The order has not been returned as undeliverable. Plaintiff has not communicated with the court in anyway.

I therefore recommend that this case be dismissed with prejudice based on the Plaintiff's failure to obey the order of the court and his failure to prosecute this action. Fed. R. Civ. P. 41(b).
T h e parties have ten days from receipt of this report and recommendation in which to f ile written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections m a y result in waiver of the right to appeal questions of fact. The parties are reminded that o b j e c t i o n s must be both timely and specific to trigger de novo review by the district court.

DATED this 10th day of February 2009.

/s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE