Winberry v. Ferguson et al

Filing 6

REPORT AND RECOMMENDATIONS re 1 Complaint Referred (42:1983) filed by Michael Winberry, 5 MOTION to Dismiss Case filed by Michael Winberry. Objections to R&R due by 10/17/2008. Signed by Honorable James R. Marschewski on 08-5172. (ct)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION MICHAEL WINBERRY v. KEITH FERGUSON, Sheriff, Benton County, Arkansas; CAPTAIN HUNTER PETRAY, Jail Administrator, Benton County Detention Center Civil No. 08-5172 PLAINTIFF

D E F E ND A N T S

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff, Michael Winberry, filed this civil rights action pursuant to the provisions of 42 U.S.C. § 1983 on July 31, 2008. He proceeds pro se and in forma pauperis. An order was entered directing service on the defendants (Doc. 4). However, to date no returns of service have been filed indicating defendants have been served and no answer has been filed on defendants behalf. On September 26, 2008, Winberry filed a motion to voluntarily dismiss the case (Doc. 5). I recommend that the motion be granted. W inberr y 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 result in waiver of the right to appeal questions of fact. Winberry is reminded that objections mu st be both timely and specific to trigger de novo review by the district court. DATED this 29th day of September 2008.

/s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE

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AO72A (Rev. 8/82)