Benjamin v. Chandler et al

Filing 14

ORDER re 11 REPORT AND RECOMMENDATIONS re 1 Complaint Referred (42:1983) filed by Michael Benjamin,allowing plaintiff until 12/12/08 to complete and file the addendum to complaint. The clerk is directed to provide plaintiff with another copy of the addendum 10 . Signed by Honorable Jimm Larry Hendren on November 20, 2008. (case not re-referred to magistrate judge)(ct)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION MICHAEL BENJAMIN v. No. 08-5134 DEFENDANTS PLAINTIFF

OFFICER S. CHANDLER, Fayetteville Police Department, et al. ORDER

In a Report and Recommendation issued on October 7, 2008 (Doc. 11), Magistrate Judge James R. Marschewski recommended that this case be dismissed on the grounds that plaintiff had failed to prosecute it and failed to comply with the order of the Court to complete an addendum to his complaint. On that same date, and

again on November 7, 2008, plaintiff filed motions to amend his complaint. (Docs. 12, 13.) From these motions, it appears that

plaintiff does wish to proceed with this action. Accordingly, plaintiff shall be granted until December 12, 2008, to complete and return the addendum. The District Court

Clerk is directed to provide Plaintiff with another copy of the addendum (Doc. 10). Plaintiff is advised that failure to submit the addendum by December 12th will result in the dismissal of his action. IT IS SO ORDERED this 20th day of November, 2008.

/s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE