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 ยง 1915 strike flag on
the case.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
-2-
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