Lee v. Miller County, Arkansas et al

Filing 71

REPORT AND RECOMMENDATIONS re 1 Complaint and 7 Amended Complaint, filed by Russell Lee, recommending case be dismissed based on Plaintiff's failure to obey the order of the court and his failure to prosecute this action. Objections to R&R due by 2/8/2010. Signed by Honorable Barry A. Bryant on January 22, 2010. (cap)

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IN THE UNITED STATES DISTRICT COURT WE S T ER N DISTRICT OF ARKANSAS T E X A R K A N A DIVISION RUSSELL LEE v. Civil No. 4:08-cv-04102 PLAINTIFF MILLER COUNTY, ARKANSAS; SHERIFF RAMBO; WARDEN JANICE NICHOLSON; SGT. DOLLY SIMMONS; DON THORNELL, Acting Sheriff of Miller County; and SGT. BAYLESS DEFENDANTS REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff, Russell Lee (hereinafter Lee), filed this action pursuant to 42 U.S.C. 1983. He proceeds pro se and in forma pauperis. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3)(2007), the Honorable Jimm Larry Hendren, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation. On October 29, 2009 (Doc. 67, Doc. 68 & Doc. 69), Defendants filed a motion for summary j u d gm e n t. On December 17, 2009, an order (Doc. 70) was entered directing Lee to complete an a tta c h e d notice regarding the summary judgment motion. The notice required Lee to state whether h e would file a response to the summary judgment motion on his own or was requesting the Court's a s s is ta n c e by the preparation of a questionnaire. Lee was directed to return the attached notice by January 11, 2010. Lee was advised (Doc. 7 0 ) that if he failed to return the attached notice by January 11, 2010, the case would be subject to s u m m a ry dismissal for failure to obey the order of this Court and failure to prosecute this action. To date, Lee has not returned the notice. He has not requested an extension of time to file th e notice. The Court's order was sent to address contained on the docket sheet. This address was provided to the Court by Lee. The order and attached notice have not been returned as undeliverable. I therefore recommend that this case be dismissed based on Lee's failure to obey the order o f the court and his failure to prosecute this action. Fed. R. Civ. P. 41(b). The parties have fourteen (14) days from receipt of the report and recommendation in which to file written objections pursuant to 28 U.S.C. 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 22nd day of January 2010. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

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