Nelson v. Crawford County Detention Center

Filing 33

REPORT AND RECOMMENDATIONS re 1 Complaint filed by Billy Joe Nelson. Objections to R&R due by 8/31/2009. Signed by Honorable James R. Marschewski on August 13, 2009. (rw)

IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS F O R T SMITH DIVISION

B IL LY JOE NELSON v. DEPUTY WATERDOWN; D E P U T Y BURGOS; C O R P O R A L CUPP; C P T . MARVIN; D E P U T Y IRVIN; S H E R IF F ALLEN; D E P U T Y ALLISSON; D E P U T Y COLE; D E P U T Y HUFFMAN; C P L. MEHAFFY Civil No. 08- 2037

P L A IN T I F F

DEFENDANTS

R E P O R T AND RECOMMENDATION OF THE MAGISTRATE JUDGE O n June 26, 2009, the Court entered an Order granting Plaintiff's Motion for Extension of Time (Doc. 3 0 ) and allowing until and including July 31, 2009 for Plaintiff to file his Response to the Defendants' Motion fo r Summary Judgment. (Doc. 31). This date has passed, and the Court has received no response to the D e fe n d a n ts ' Motion for Summary Judgment, or other correspondence from the Plaintiff. No mail has been re tu rn e d to the Court. Additionally, the records of the Arkansas Department of Corrections show Plaintiff to b e housed at the address of record. A c c ord in g ly, it is the recommendation of the undersigned that the above styled case be dismissed w ith ou t prejudice for failure to prosecute, failure to obey an Order of the Court, and/or failure to comply with L oc a l Rule 5.5 (c) (2) for the Eastern and Western Districts of Arkansas. P la in tiff has ten (10) days from receipt of this report and recommendation in which to file written o b je c tio n s pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of th e right to appeal questions of fact. Plaintiff is reminded that objections must be both timely and specific t o trigger de novo review by the district court. D a te d this 13th day of August, 2009. /s/ J. Marschewski HONORABLE JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE