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)
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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