Cason v. Ozark Police Department

Filing 5

REPORT AND RECOMMENDATIONS re 1 Complaint Referred (42:1983) filed by Lewis O'Neal Cason. Objections to R&R due by 7/31/2009. Signed by Honorable James R. Marschewski on July 14, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WE S T E R N DISTRICT OF ARKANSAS FO R T SMITH DIVISION

LE WIS O'NEAL CASON v. C iv il No. 09-2056

PLAINTIFF

OZARK POLICE DEPARTMENT

D E FE N D A N T

R E P O R T AND RECOMMENDATION OF THE MAGISTRATE JUDGE Lew is O'Neal Cason submitted this pro se action for filing under the provisions of 42 U .S .C . § 1983. The complaint (Doc. 1) was provisionally filed and Cason was granted leave to p ro ceed in forma pauperis (IFP)(Doc. 3). T h e complaint, however, was missing the page that should have contained Cason's address. Cason's complaint was submitted in an envelope containing a return address of Judge Josiah Stone, R R 3 Box 292-5, Muldrow, OK 74948-9550. On May 11, 2009, a court staff member sent a letter to Judge Josiah Stone asking him to provide the court with Cason's address. To date the court has n o t been provided with Cason's address. O n June 16, 2009, an order was entered (Doc. 4) giving Cason until July 6, 2009, to provide th is court with his address. A copy of the order was mailed to Cason care of Judge Josiah Stone. Cason was advised if the court did not have an address for him by July 6, 2009, that I would reco m m en d that this case be dismissed for failure to prosecute and failure to obey the order of the co u rt. No response has been made to the order. I therefore recommend that the complaint be dismissed based on Cason's failure to p ro secu te this action and his failure to obey an order of the court. Fed. R. Civ. P. 41(b). The clerk

-1-

AO72A (Rev. 8/82)

is directed to send a copy of this report and recommendation to Cason care of Judge Josiah S to n e, RR 3 Box 292-5, Muldrow, OK 74948-9550. C a s o n has ten days from receipt of the report and recommendation in which to file w r itte n objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections m a y result in waiver of the right to appeal questions of fact. Cason is reminded that o b je c tio n s must be both timely and specific to trigger de novo review by the district court. D ated this 14th day of July 2009.

/s /

J. Marschewski

HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE

-2-

AO72A (Rev. 8/82)