Corn v. Jones et al

Filing 23

REPORT AND RECOMMENDATIONS re 1 Complaint Referred (42:1983) filed by Pete William Corn, recommending case be dismissed based on Plaintiff's failure to obey the order of the court and his failure to prosecute this action. Objections to R&R due by 2/8/2010. Signed by Honorable Barry A. Bryant on January 22, 2010. (cap)

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IN THE UNITED STATES DISTRICT COURT WE S T ER N DISTRICT OF ARKANSAS E L DORADO DIVISION P E TE WILLIAM CORN v. C iv il No. 1:09-cv-01015 PLAINTIFF KEN JONES, Union County Sheriff; CAPT. JOHN WILLIAMS, Union County C rim in al Justice Facility; LT. BASS; DEPUTY GERRY AVERY; DR. SEAL; and N U R S E KELLY PEPPER D E FE N D A N T S REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff, Pete William Corn (hereinafter Corn), filed this action pursuant to 42 U.S.C. 1983. He proceeds 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. On November 11, 2009 (Doc. 15, Doc. 16 & Doc. 17), Defendants filed a motion for s u m m a ry judgment. On December 4, 2009, an order (Doc. 18) was entered directing Corn to c o m p le te an attached notice regarding the summary judgment motion. The notice required Corn to s ta te whether he would file a response to the summary judgment motion on his own or was re q u e s tin g the Court's assistance by the preparation of a questionnaire. Corn was directed to return the attached notice by December 28, 2009. Corn was advised (D o c . 18) that if he failed to return the attached notice by December 28, 2009, the case would be s u b je c t to summary dismissal for failure to obey the order of this Court and failure to prosecute this a c tio n . To date, Corn has not returned the notice. He has not requested an extension of time to file the notice. The Court's order was sent to address contained on the docket sheet. This address was p ro v id e d to the Court by Corn. u n d e liv e ra b le . I therefore recommend that this case be dismissed based on Corn's failure to obey the order o f the court and his failure to prosecute this action. Fed. R. Civ. P. 41(b). The order and attached notice have not been returned as The parties have fourteen (14) days from receipt of the report and recommendation in which to file written objections pursuant to 28 U.S.C. 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 22nd day of January 2010. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

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