Michael Allen Adams vs. Officer Dobbs

Filing 20

REPORT AND RECOMMENDATIONS re 1 Complaint Referred (42:1983) filed by Michael Allen Adams. Objections to R&R due by 8/27/2009. Signed by Honorable James R. Marschewski on August 10, 2009. (src)

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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 M IC H A E L ALLEN ADAMS v. OFFICER DOBBS, Jailer, Washington County Detention Center C iv il No. 08-5251 PLAINTIFF D E FE N D A N T R E P O R T AND RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff, Michael Allen Adams, filed this civil rights action pursuant to the provisions of 4 2 U.S.C. 1983 on November 20, 2008. He proceeds pro se and in forma pauperis. When he filed the case, Adams was incarcerated in the Washington County Detention Center. A t the time Adams filed the action, he was informed that he had an obligation under the ru les of this court to keep the court informed of any changes in his address. Rule 5.5 of the Local R u les of the Eastern and Western Districts of Arkansas. On April 6, 2009, all mail sent to Adams at the Washington County Detention Center was returned as undeliverable. Adams failed to p ro v id e the court with his new address. A court staff member was able to obtain from the detention center the home address Adams h ad provided detention center officials when he was booked in. On April 15, 2009, a change of ad d ress was entered on Adams' behalf utilizing this address (Doc. 11). On April 21st and April 2 7 th docket entries were made noting the court had received returned mail from the address utilized in the change of address entered on April 15th. A court staff member then contacted Adams' probation officer and obtained a home address fo r Adams. A change of address was entered on Adams' behalf on July 7, 2009 (Doc. 15), utilizing -1- AO72A (Rev. 8/82) th e home address provided by the probation officer. On July 23, 2009, a docket entry was made n o tin g that all mail sent to the address provided by the probation officer had been returned as u n d e l iv e r a b l e . I therefore recommend that this action be dismissed based on Adams' failure to prosecute th is action and his failure to keep the court informed of his current address. Fed. R. Civ. P. 41(b); R u le 5.5 of the Local Rules of the Eastern and Western Districts of Arkansas. The parties have 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. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. D A T E D this 10th day of August 2009. /s / J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE -2 - AO72A (Rev. 8/82)

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