Hays v. California Highway Patrol et al

Filing 5

REPORT AND RECOMMENDATIONS re 1 Complaint filed by Steven J. Hays. Objections to R&R due by 8/13/2009. Signed by Honorable James R. Marschewski on July 27, 2009. (src)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION STEVEN J. HAYS v. Civil No. 09-5121 D E FEN D A N T S PLAINTIFF

CALIFORNIA HIGHWAY PATROL and THE STATE OF CALIFORNIA

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Steven J. Hays filed this civil rights action pursuant to 42 U.S.C. § 1983. He proceeds pro se and in forma pauperis. Because it appeared that venue might be proper in a United States District Court in C alifo rnia rather than in this district, on June 23, 2009, the undersigned entered an order (Doc. 4) directing Hays to complete, sign and return an attached addendum to his complaint. The addendum was to be returned by July 16, 2009. To date, the plaintiff has failed to respond to the addendum. The court's order and attached addendum have not been returned as undeliverable. Plaintiff has not informed the court of any change in his address. I therefore recommend Hays' claims be dismissed on the grounds he has failed to prosecute this action and comply with the order of the court. See Fed. R. Civ. P. 41(b). Hays 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. Hays 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 27th day of July 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE

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AO72A (Rev. 8/82)