Ruiz v. Chambers et al

Filing 26

ORDER ADOPTING 23 REPORT AND RECOMMENDATIONS and dismissing case. Signed by Honorable Jimm Larry Hendren on January 28, 2013. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
CASEY RUIZ

PLAINTIFF
v.

Civil No. 12-5143

OFFICER CHAMBERS; SHERIFF
KEITH FERGUSON; CAPTAIN CHRIS
SPARKS; and DR. LAFFERTY

DEFENDANTS

O R D E R
Now

on

this

28th

day

of

January,

2013,

comes

on

for

consideration the Report And Recommendation Of The Magistrate
Judge ("R&R") (document #23), to which no objections have been
made. The R&R recommends dismissal of this case because plaintiff
has failed to prosecute and failed to keep the Court advised of
his current address, and defendants have twice moved for dismissal
because they have been unable to contact plaintiff.
Subsequent to the entry of the R&R, plaintiff sent a request
for § 1983 forms to Court staff, wherein he stated that he had
"let time lapse without contact information."

The return address

on this letter was imported to the captioned case, and the R&R was
immediately sent to it.

The item was returned, however, with the

notation that the addressee was "No longer at this facility."
From the foregoing it appears that plaintiff has consistently
failed to keep the Court advised of his contact information, and
the Court agrees with the R&R that this matter should be dismissed
for plaintiff's failure to keep the Court informed of his current

address and failure to prosecute.
IT IS THEREFORE ORDERED that the Report And Recommendation Of
The Magistrate Judge is adopted in toto.
IT IS FURTHER ORDERED that, for the reasons stated in the
Report And Recommendation Of The Magistrate Judge, this matter is
dismissed.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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