Philpott v. Grisim

Filing 6

REPORT AND RECOMMENDATIONS re 1 Complaint filed by Robert S. Philpott. Objections to R&R due by 6/8/2009. Signed by Honorable James R. Marschewski on May 21, 2009. (lw)

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IN THE UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF ARKANSAS FO RT SMITH DIVISION RO BERT SCOTT PHILPOTT v. OFFICER GRISIM, Fort Smith Po lice Department Civil No. 08- 2135 PLAINTIFF D E FE N D A N T R EPO R T AND RECOMMENDATION OF THE MAGISTRATE JUDGE R ob ert S. Philpott filed this pro se civil rights action pursuant to 42 U.S.C. 1983 on D ecem b er 8, 2008. His complaint was filed in forma pauperis (IFP). On April 1, 2009, the undersigned entered an order (Doc. 5) directing Philpott to complete, sign and return an attached addendum to his complaint. The addendum was to be returned by A pril 20, 2009. To date, the plaintiff has failed to respond to the addendum. The court's order and attached addendum have not been returned as undeliverable. The order was mailed to address p ro v ide d to the court by the plaintiff. Plaintiff has not informed the court of any change in his add ress. I therefore recommend plaintiff's claims be dismissed on the grounds he has failed to pro secute this action and comply with the order of the court. See Fed. R. Civ. P. 41(b). Philpott h as ten days from receipt of the report and recommendation in which to file written o b je ct ion s pursuant to 28 U.S.C. 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. Philpott is reminded that objections must b e both timely and specific to trigger de novo review by the district court. DA TED this 21st day of May 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE -1- AO72A (Rev. 8/82)

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