Valdez v. Miller County, Arkansas et al

Filing 32

REPORT AND RECOMMENDATIONS recommending that 1 Complaint Referred (42:1983) filed by Paul Valdez be dismissed. Objections to R&R due by 10/19/2009. Signed by Honorable Barry A. Bryant on October 1, 2009. (cap)

IN THE UNITED STATES DISTRICT COURT WE S T ER N DISTRICT OF ARKANSAS T E X A R K A N A DIVISION

P A U L VALDEZ v. C iv il No. 4:08-cv-4124

PLAINTIFF

MILLER COUNTY, ARKANSAS; FO R M E R SHERIFF RAMBO; WARDEN JA N IC E NICHOLSON; SHERIFF RONALD S T O V A L; NURSE JONI; SGT. C A R O LIN A BALLARD; NURSE TRINA O WE N ; CORRECTIONAL OFFICER C O LLIN S ; and NURSE MELODY THOMAS

D E FE N D A N T S

R E P O R T AND RECOMMENDATION OF THE MAGISTRATE JUDGE P lain tiff, Paul Valdez (hereinafter Valdez), filed this case under the provisions of 42 U.S.C. § 1 9 8 3 on December 17, 2008. 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 Harry F. Barnes, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation.
Wh en he filed this action, Valdez was incarcerated in the Miller County Detention Center. See C o m p la in t (Doc. 1) at page 2. On March 9, 2009, Valdez notified the Court that he had been moved to the Grimes Unit of the Arkansas Department of Correction (Doc. 7). He indicated he would be in carcerated there for approximately one to two months. Id. He stated he would notify the court upon h is release. Id. S in ce June all mail the court has sent to Valdez at the Grimes Unit has been returned as u n d eliv erab le with the notation he has been paroled. See docket entries dated 6/26/2009; 6/30/2009; 8 /3 1 /2 0 0 9 ; and 9/11/2009. Valdez has not informed the court of his new address. The last

co m m u n icatio n the court received from Valdez was his change of address entered on March 9, 2009

(Doc. 7). I therefore recommend that this case be dismissed based on Valdez's failure to keep the Court in fo rm ed of his current address and his failure to prosecute this case. Fed. R. Civ. P. 41(b).

The parties have ten 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 1st day of October 2009. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE