Brown v. State of Arkansas

Filing 28

ORDER: re 24 Order to Show Cause, the court believes Samson should be allowed to file an answer out of time in this case. Accordingly Samson is given until 7/6/09 to answer 1 Complaint Referred (42:1983) filed by Ronald Fay Brown. Signed by Honorable James R. Marschewski on June 25, 2009. (lw)

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IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS F O R T SMITH DIVISION R O N A L D FAY BROWN v. C iv il No. 08-2102 PLAINTIFF CORPORAL HICKS, Sebastian County Adult Detention Center; and DETECTIVE SAMSON, Fort Smith Police Department OR DER DEFENDANTS O n June 8, 2009, a show cause order (Doc. 24) was issued directing Detective Samson to sho w cause why default should not be entered against him. On June 15, 2009, he filed his response ( D o c . 25). According to the response, Courtney Minton, a customer service assistant for the Fort S m ith Police Department, assigned to the information desk, accepted a letter from United States D ep u ty Marshal Covey addressed to Detective Samson. Minton then placed the letter in Samson's m ailb o x in the patrol division area. Samson maintains he never received the letter containing the sum m on s and complaint in this case. P u r su an t to Rule 6(b) of the Federal Rules of Civil Procedure, the court may enlarge the tim e provided by the rules to, among other things, answer a complaint. If the time provided in the app licable rule, here the 20 days set forth in Rule 12(a)(1)(A) of the Federal of Civil Procedure, h as expired, the court may extend the time allowed "where the failure to act was the result of ex cu sab le neglect." Fed. R. Civ. P. 6(b). In other words, the court has the authority to allow late filin gs when the moving party demonstrates excusable neglect. T he court believes Samson should be allowed to file an answer out of time in this case. A cco rd ing ly, Samson is given until July 6, 2009, to answer the complaint. IT IS SO ORDERED this 25th day of June 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE -1 - AO72A (Rev. 8/82)

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