McKinney v. Conger et al

Filing 18

REPORT AND RECOMMENDATIONS re 16 MOTION to Dismiss Case filed by Barry Ayers, Captain Conger, Frank Atkinson. Objections to R&R due by 10/14/2008. Signed by Honorable James R. Marschewski on September 26, 2008. (sh)

IN THE UNITED STATES DISTRICT COURT WE S T E R N DISTRICT OF ARKANSAS FO R T SMITH DIVISION

B R A N D O N RAY McKINNEY v. C iv il No. 08-2003

PLAINTIFF

CAPTAIN CONGER, Sebastian County D eten tio n Center; SHERIFF FRANK A T K IN S O N ; and BARRY AYERS

D E FE N D A N T S

R E P O R T AND RECOMMENDATION OF THE MAGISTRATE JUDGE B rand on Ray McKinney filed this pro se civil rights action pursuant to 42 U.S.C. § 1983 o n January 10, 2008. His complaint was filed in forma pauperis (IFP). On August 22, 2008, the undersigned entered an order (Doc. 14) granting the defendants' m o tio n to compel. McKinney was directed to provide the defendants with discovery responses by S ep te m b er 8, 2008. On September 26, 2008, defendants filed a motion to dismiss (Doc. 16). In th e motion, defendants state they have not received the discovery responses from the plaintiff. I recommend that the defendants' motion to dismiss (Doc. 16) be granted. This case should b e dismissed based on McKinney's failure to comply with the order of the court and his failure to p ro secu te this action. See Fed. R. Civ. P. 41(b). The parties have ten 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 m ay result in waiver of the right to appeal questions of fact. The parties are reminded that o b jection s must be both timely and specific to trigger de novo review by the district court. D A T E D this 26th day of September 2008.

/s/

J. Marschewski

HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE

-1-

AO72A (Rev. 8/82)