Fears v. Hobbs, Director, Arkansas Department of Correction

Filing 6

ORDER REJECTING REPORT AND RECOMMENDATIONS 4 ; clerk to resend IFP Application; petitioner must return all 3 pages by 4/7/11. Signed by Honorable Robert T. Dawson on March 17, 2011. (IFP Application mailed)(cnn)

Fears v. Hobbs, Director, Arkansas Department of Correction

Doc. 6

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION DONALD FEARS v. RAY HOBBS, Director, Arkansas Department of Correction ORDER Now on this 17th day of March 2011, there comes on for consideration the report and recommendation filed on March 1, 2011, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas (doc. 4). Also before the Case No. 11-1009 PETITIONER

DEFENDANT

Court are Petitioner's objections to the report and recommendation (doc. 5). The court has reviewed this case de novo. The report and

recommendation recommends dismissal of the petition for failure to prosecute and obey an order of the Court. In his objections,

Petitioner contends he timely completed the IFP application, and attached again the certificate of inmate account. However,

Petitioner still failed to return a complete IFP application. The Court declines to adopt the report and recommendation and directs the U.S. District Clerk to again mail Petitioner a blank IFP application (prisoner). Petitioner is given until April 7,

2011, to submit the completed application to the Court or pay the $5 filing fee. Petitioner is advised he must timely return all

AO72A (Rev. 8/82)

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three pages of the IFP application, or his case will be dismissed without prejudice. IT IS SO ORDERED.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)