Philpott v. Weaver et al
ORDER the court declines to adopt the report and recommendation, re 33 . The U.S. Clerk is directed to re-mail the Notice Regarding Response to Motion, (doc. 29), and the Plaintiff is advised he must return the notice by June 10, 2011. Should Plaintiff fail to timely return the notice, his case will be subject to summary dismissal for failure to obey the order of this Court and failure to prosecute this action. Signed by Honorable Robert T. Dawson on May 24, 2011. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ROBERT S. PHILPOTT
Case No. 10-2061
LT. PLAINTIFF, Van Buren
Police Department (VBPD), et al.
consideration the report and recommendation filed on May 12, 2011,
by the Honorable James R. Marschewski, United States Magistrate
Judge for the Western District of Arkansas (doc. 33).
the Court are Plaintiff’s Objections (doc. 34).
The court has reviewed this case de novo.
The report and
recommendation recommends dismissal of Plaintiff’s Complaint for
failure to prosecute and obey an order of the Court.
motion, Plaintiff contends he never received the notice (doc. 29)
recommendation. The U.S. District Clerk is directed to re-mail the
notice (doc. 29), and Plaintiff is advised he must return the
notice by June 10, 2011.
Should Plaintiff fail to timely return
the notice, his case will be subject to summary dismissal for
failure to obey the order of this Court and failure to prosecute
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
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