Garcia Campos v. Miss Free et al
REPORT AND RECOMMENDATIONS re 1 Complaint Referred (42:1983) filed by Luis E. Garcia Campos. Objections to R&R due by 11/9/2009. Signed by Honorable James R. Marschewski on October 22, 2009. (jn)
IN THE UNITED STATES DISTRICT COURT WE S T E R N DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION LUIS E. GARCIA CAMPOS v. DEPUTY FREE; DEPUTY THOMPSON; DEPUTY DAY; CAPTAIN PETRAY Civil No. 07-5I61 PLAINTIFF
D EF E N D A N T S
R E P O R T AND RECOMMENDATION OF THE MAGISTRATE JUDGE P lain tiff, Luis E. Garcia Campos (hereinafter Campos), filed this civil rights action pursuant to 42 U.S.C. § 1983. He proceeds pro se and in forma pauperis. B y notice dated May 28, 2009, the case was set for an evidentiary hearing on November 5, 2 0 0 9 (Doc. 26). At the time the notice was sent, Campos was incarcerated in the Arkansas D ep artm en t of Correction (ADC). On May 28th the court also issued a scheduling order (Doc. 27). The scheduling order advised the parties that thirty days prior to the scheduling hearing, or by O cto b er 5, 2009, they were required to file an information sheet setting forth a list of their w itn e ss e s . As Campos is proceeding pro se and in forma pauperis, the court issues and serves all p ro cess in this case including all subpoenas and writs. Without Campos' information sheet, the co u rt cannot issue any subpoenas or writs for the evidentiary hearing. A s a courtesy, a letter was sent to the parties on October 2, 2009, reminding them their in fo rm atio n sheets were due by October 5, 2009. On October 13, 2009, the letter sent to Campos at the ADC was returned to the court as undeliverable with a notation that he had been paroled.
AO72A (Rev. 8/82)
C am p o s has not provided the court with his new address. Campos has not contacted the co u rt. He received the May 28th notice of the November 5th hearing and scheduling order in fo rm in g him of the of the requirement that he provide the court with his witness list by October 5 th . I therefore recommend that this case be dismissed based on Campos' failure to prosecute an d his failure to respond to the scheduling order. Fed. R. Civ. P. 41(b). Campos has ten days from receipt of the report and recommendation in which to file w ritten objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may resu lt in waiver of the right to appeal questions of fact. Campos is reminded that objections m ust be both timely and specific to trigger de novo review by the district court. D A T E D this 22nd day of October 2009.
HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE
AO72A (Rev. 8/82)
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