Philpott v. Weaver et al

Filing 35

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)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ROBERT S. PHILPOTT PLAINTIFF v. Case No. 10-2061 LT. PLAINTIFF, Van Buren Police Department (VBPD), et al. DEFENDANTS ORDER Now on this 24th day of May 2011, there comes on for 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). Also before 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. In his motion, Plaintiff contends he never received the notice (doc. 29) sent in connection Accordingly, the with Court Defendants’ declines to summary adopt judgment the motion. report and 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 this action. AO72A (Rev. 8/82) IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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