Samples v. Medical Staff of the Washington County Detention Center

Filing 6

REPORT AND RECOMMENDATIONS re 1 Complaint filed by Brian Keith Samples. Objections to R&R due by 5/7/2009. Signed by Honorable James R. Marschewski on April 20, 2009. (tg)

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IN THE UNITED STATES DISTRICT COURT WE S T E R N DISTRICT OF ARKANSAS FA Y E T T E V ILLE DIVISION B R IA N KEITH SAMPLES v. MEDICAL STAFF OF THE WASHINGTON COUNTY D E T E N T IO N CENTER C iv il No. 08-5124 PLAINTIFF D E FE N D A N T S R E P O R T AND RECOMMENDATION OF THE MAGISTRATE JUDGE B rian Keith Samples filed this action pursuant to the provisions of 42 U.S.C. 1983. He proceed s pro se and in forma pauperis. When he filed this action, Samples was incarcerated at the Wash in gto n County Detention Center. He was then released. All mail sent to him at detention center was returned as undeliverable. Samples failed to provide the court with a change of address. S a m p l e s was informed when he filed this case that he had a duty to let the court know of any ch an ges in his address. A court staff member was able to obtain the address Samples provided detention center p erso n n el when he was booked in. The court then entered a change of address on Samples behalf (D oc. 5). The clerk was directed to re-mail to Samples any pleadings or correspondence which may hav e been returned as undeliverable. S am p les was directed to show cause by September 22, 2008, why this case should not be d ism issed based on his failure to keep the court informed of his change of address (Doc. 5). Sam ples was advised that if he failed to respond to this order that this case would be dismissed b ase d on his failure to prosecute this action and his failure to respond to this order. -1- AO72A (Rev. 8/82) To date, Samples has not responded to the show cause order. The court's order has not been retu rn ed as undeliverable. Samples has not communicated with the court in anyway. I therefore recommend that this case be dismissed based on Samples' failure to obey the o rde r of this court and his failure to prosecute this action. Fed. R. Civ. P. 41(b). Samples has 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. Samples is reminded that objections must be both timely and specific to trigger de novo review by the district court. D A T E D this 20th day of April 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE -2- AO72A (Rev. 8/82)

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