Brown v. Watson et al

Filing 56

ORDER declining to adopt 51 Report and Recommendations, as set forth. The clerk is directed to send a copy of the questionnaire, document 49 , to the plaintiff. Plaintiff's response must be filed by 11/1/12. Signed by Honorable Robert T. Dawson on October 1, 2012. (lw)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION DANIEL RAY BROWN PLAINTIFF vs. Civil No. 10-3080 YOLANDA WARSON, Probation Officer; MIKE PIPPIN, Assistant Area Manager; KENT VILLINES, Parole Officer; MIKE THOMAS, Area Manager; JEFF TILLMAN, Assistant Director, Parole Services; DAN ROBERTS, Director, Parole Services; and DAVE EBERHARD, Director DEFENDANTS ORDER Now on this 1st day of October 2012, there comes on for consideration the report and recommendation filed on August 29, 2012, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas (doc. 51). Also before the Court are Plaintiff’s objections to the report and recommendation (doc. 53), Defendants’ Response (doc. 54), and Plaintiff’s Supplement (doc. 55). The report and recommendation recommends dismissal of Plaintiff’s Complaint for failure to prosecute and comply with the orders of the Court. In his objections and supplement, Plaintiff unable contends he was to timely file a response because he was and remains incarcerated when the questionnaire was sent to him, the questionnaire was misplaced and not recovered until after the filing deadline had passed, and the Page 1 of 2 Boone County Jail does not allow inmates to receive forwarded mail. Plaintiff seeks an order extending the deadline to file his response, directing the Clerk’s Office to send a copy of the questionnaire, and directing the Boone County Jail to provide him with legal materials. Accordingly, the Court declines to adopt the report and recommendation. questionnaire Plaintiff’s and extension requests of his GRANTED, all other requests are DENIED. directed to send a copy of the for a response of the deadline are The Clerk’s Office is questionnaire Plaintiff at the Boone County Jail. copy (Doc. 49) to Plaintiff is advised that his response must be filed with the Court by November 1, 2012. Failure to do so will result in the dismissal of his Complaint. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?