Perry v. Willyard et al

Filing 28

REPORT AND RECOMMENDATIONS re 2 Complaint filed by Al Gene Perry. Objections to R&R due by 1/21/2014. Signed by Honorable Erin L. Setser on January 2, 2014. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
AL GENE PERRY
v.

PLAINTIFF
No. 12-5134

OFFICER WILLARD; and
PATROLMAN SHANE ALLEN

DEFENDANTS

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
This is a civil rights case filed under the provisions of 42 U.S.C. § 1983. Plaintiff
proceeds pro se and in forma pauperis. Plaintiff contends that Defendants used excessive force
against him during the course of an arrest.
This case is scheduled for an evidentiary hearing on January 7, 2014. On June 7, 2013,
a scheduling order (Doc. 15) was entered. Among other things, the scheduling order provides
that 45 days before the hearing the parties must submit an information sheet containing specified
information about each proposed witness. Plaintiff’s prompt filing of this information sheet is
important as the Court issues all subpoenas and writs.
Plaintiff did not submit his information sheet. On December 18, 2013, a show cause
order (Doc. 26) was entered. Plaintiff was given until December 30, 2013, to show cause why
this action should not be dismissed based on his failure to comply with the requirements of the
scheduling order. Plaintiff has not responded to the show cause order. The order has not been
returned as undeliverable.
I therefore recommend that this case be dismissed based on Plaintiff’s failure to obey the
orders of the Court and his failure to prosecute this action. Fed. R. Civ. P. 41(b). By separate
order the evidentiary hearing will be cancelled.

-1-

AO72A
(Rev. 8/82)

The parties have fourteen (14) 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.
DATED this 2nd day of January 2013.

/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE

-2-

AO72A
(Rev. 8/82)