Ritchie et al v. Cupp et al

Filing 9

ORDER re 7 REPORT AND RECOMMENDATIONS is adopted in all other respects and the claims of plaintiff Billy Nelson and James Kirby are hereby dismissed on the grounds that they have failed to prosecute their claims and comply with an order of the court. Plaintiff Ritchie's claims are hereby referred back to Magistrate Judge James R. Marschewski. Signed by Honorable Jimm Larry Hendren on October 7, 2008. Motions referred to James R. Marschewski.(sh) Modified on 10/8/2008 to edit text (rw).

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION REX LEE RITCHIE, et al. v. LT. CUPP, et al. O R DE R On August 21, 2008, Magistrate Judge James R. Marschewski issued a Report And Recommendation recommending that this case be dismissed on the grounds that the plaintiffs had failed to prosecute it and failed to comply with the order of the Court to complete, sign and return in forma pauperis (IFP) applications. (Doc. 7.) Plaintiff Rex No. 08-2066 DEFENDANTS PLAINTIFFS

Lee Ritchie has filed objections to the Report and Recommendation, stating that he believed he had completed the IFP application and that there must have been a "mail mistake[] because [he] changed detention c e nt e rs . " (Doc. 8.)

Upon due consideration, Ritchie's claims will not be dismissed at this stage. The District Court Clerk is directed to forward Ritchie shall have until October Ritchie

another IFP application.

20, 2008,

to file the completed application. The Report and Recommendation is adopted in all other respects and the claims of Plaintiff Billy Nelson and Plaintiff James Kirby are hereby DISMISSED on the grounds that they have failed to prosecute t h ei r claims and comply are with an order of the to Court. Plaintiff Judge

R i tc h ie ' s

claims

hereby

referred

back

Magistrate

M a rs c he w sk i . IT IS SO ORDERED this 7th day of October, 2008. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE