Jones v. Allan et al

Filing 26

REPORT AND RECOMMENDATIONS re 3 Complaint Referred (42:1983) filed by Bobby - Jones. Objections to R&R due by 8/20/2009. Signed by Honorable James R. Marschewski on August 3, 2009. (sh)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION BOBBY JONES v. Civil No. 08-2054 PLAINTIFF

SHERIFF MIKE ALLEN; JAIL ADMINISTRATOR JEFF MARVIN; ASSISTANT JAIL ADMINISTRATOR LT. VENA CUPP; and NURSE NICK TAYLOR

DEFENDANTS

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
B o b b y Jones filed this pro se civil rights action pursuant to 42 U.S.C. § 1983 on June 4, 2008. His complaint was filed in forma pauperis (IFP). Defendants filed a motion for summary judgment (Doc. 20). On June 22, 2009, the undersigned entered an order (Doc. 23) directing Jones to complete, sign and return an attached questionnaire that would serve as his response to the summary judgment motion. T he plaintiff's response to the questionnaire was to be returned by July 24, 2009. To date, the plaintiff has failed to respond to the questionnaire. The court's order and attached questionnaire have not been returned as undeliverable. The order was mailed to the same address as the court's prior orders. Plaintiff has not informed the court of any change in his address. Plaintiff has not sought an extension of time to respond to the questionnaire or otherwise communicated with the c o u rt. I therefore recommend Jones' claims be dismissed on the grounds he has failed to prosecute this action and comply with the order of the court. See Fed. R. Civ. P. 41(b). The parties have ten day s 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

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the right to appeal questions of fact. The parties are reminded that objections must be both tim ely and specific to trigger de novo review by the district court.

DATED this 3rd day of August 2009.
/s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE

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