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)

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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 ยง 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 -2-

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