Garcia Campos v. Miss Free et al

Filing 33

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)

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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. -1- 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. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE -2 - AO72A (Rev. 8/82)

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