Martin v. Floyd et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 35 Report and Recommendations. Plaintiff's Complaint is dismissed without prejudice. Signed by Honorable Susan O. Hickey on May 12, 2015. (mll)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CEDRIC MARTIN vs. PLAINTIFF Case No. 14-cv-4009 DEWAYNE FLOYD; NURSE N. BROWN; and LIEUTENANT ADAMS DEFENDANTS ORDER Before the Court is the Report and Recommendation filed April 29, 2015 by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 35). Judge Marschewski recommends that Plaintiff’s Complaint (ECF No. 1) be dismissed on the grounds that Plaintiff has failed to comply with the Federal Rules of Civil Procedure and Local Rules and has failed to prosecute this matter. See Local Rule 5.5(c)(2); Fed. R. Civ. P. 41(b). Plaintiff Cedric Martin has filed an objection to the Report and Recommendation. (ECF No. 36). The Court finds this matter ripe for its consideration. Martin objects to the Report and Recommendation, asserting that he has been denied access to the Federal Rules of Civil Procedure and the Local Rules because there is no law library at the Miller County Detention Center. While pro se pleadings are to be construed liberally, a pro se litigant is not excused from complying with substantive and procedural law. Burgs v. Sissel, 745 F.2d 526, 528 (8th Cir. 1984). Martin’s lack of access to a law library and the inability to consult with an attorney does not constitute an excuse for his failure to comply with the rules. A prisoner has access to the courts if the state provides the prisoner the capability to bring challenges before the courts, which was provided here. See Lamp v. Iowa, 122 F.3d 1100, 1105 (8th Cir. 1997). Moreover, Martin is not entitled to an attorney on his civil claim. Therefore, Martin’s objections should be overruled. Accordingly, the Report and Recommendation is adopted in toto. For the reasons stated in the Report and Recommendations and the reasons stated herein, Plaintiff’s Complaint (ECF No. 1) is hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 12th day of May, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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?