Sims v. Benson

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS, denying IFP and directing Clerk to assess filing fee and collect funds from Prison Account of Melvin L. Sims, Jr. (CASE DIMISSED) Signed by Honorable Jimm Larry Hendren on August 26, 2013. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
MELVIN L. SIMS, JR.
v.

PLAINTIFF
Civil No. 13-5154

TYLER BENSON, Public Defender

DEFENDANT

O R D E R
Now

on

this

26th

day

of

August

2013,

comes

on

for

consideration the Magistrate Judge's Report and Recommendation
(document #3), filed on July 26, 2013. Plaintiff Melvin L. Sims,
Jr. has not filed any objections to the Report, and on August 2,
2013, the Report was returned to the Court -- along with other
documents -- marked "undeliverable; recipient no longer at this
facility."
It is a litigant's responsibility to prosecute his case and
to keep the Court apprised of his current address at all times.
Local Rule 5.5(c)(2). Plaintiff in this case has failed to do so.
Moreover,

the

Court

has

reviewed

the

Report

and

Recommendation and, being well and sufficiently advised, finds
that it is proper and should be adopted in its entirety.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report
and Recommendation (document #3) is adopted in toto.
IT IS FURTHER ORDERED that, for the reasons stated in the
Report, plaintiff's IFP application is denied, and this case is
dismissed with prejudice. The Clerk is directed to collect from

plaintiff the $350 filing fee and to place a § 1915 strike flag on
the case.
IT IS SO ORDERED.

/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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