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)

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

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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

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