McMannis v. Benton County Detention Center et al
REPORT AND RECOMMENDATIONS re 1 Complaint Referred (42:1983) filed by David Aurther McMannis. Objections to R&R due by 3/15/2010. Signed by Honorable Erin L. Setser on February 25, 2010. (tg)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION
D A V ID ARTHUR McMANNIS v. C iv il No. 08-5224 PLAINTIFF
CAPTAIN HUNTER PETRAY, Commander of the Jail, Benton County D eten tio n Center; and GUARD MONROE, B en to n County Detention Center
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE David Arthur McMannis filed this civil rights action pursuant to 42 U.S.C. § 1983. He proceeds pro se and in forma pauperis. On June 10, 2009, Defendants filed a motion for summary judgment (Doc. 27). On January 28, 2010, the undersigned entered an order (Doc. 32) directing the Plaintiff to complete, sign and return an attached questionnaire that would serve as his response to the summary judgment motion. The Plaintiff's response to the questionnaire was to be returned by February 18, 2010. To date, the Plaintiff has failed to respond to the questionnaire. Plaintiff has not sought an extension of time to respond to the questionnaire. The Court's order and attached questionnaire have not been returned as undeliverable. The order was mailed to the address provided by the Plaintiff. Plaintiff has not informed the court of any change in his address. I therefore recommend the case be dismissed on the grounds Plaintiff has failed to prosecute this action and comply with the order of the Court. See Fed. R. Civ. P. 41(b). The parties have fourteen (14) days from receipt of the report and recommendation in which
AO72A (Rev. 8/82)
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. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 25th day of February 2010.
/s/ Erin L. Setser HON. ERIN L. SETSER UNITED STATES MAGISTRATE JUDGE
AO72A (Rev. 8/82)
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