Garrett v. Does

Filing 15

ORDER ADOPTING 9 Report and Recommendations IN ITS ENTIRETY; and the case is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Timothy L. Brooks on January 19, 2023. (lgd)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
AUSTIN GARRETT
V.

PLAINTIFF
CASE NO. 5:22-CV-5180

DEPUTY CARTER;
DEPUTY PALEEN GEORGE;
DEPUTY CRAIG; DEPUTY WILKINS;
and JOHN OR JANE DOE MEDICAL STAFF

DEFENDANTS

ORDER
On December 20, 2022, this Court entered an order (Doc. 10) adopting the Report
and Recommendation (Doc. 9) filed in this case on November 30, 2022, by the Honorable
Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas. The
Report and Recommendation advised the Court to dismiss the case without prejudice for
failure to prosecute or comply with an order of the Court. Plaintiff Austin Garrett had
been ordered multiple times—as early as October 2022—to submit an application to
proceed in forma pauperis (“IFP”) or pay the $402 filing fee to proceed with his case.

As

of December 20, he still had not complied, and the Court adopted the Report and
Recommendation and dismissed the case. On December 27, Mr. Garrett filed an IFP
application (Doc. 11) but failed to attach any explanation for the lateness of the filing.
The Court issued a text-only order (Doc. 12) on December 28, directing the Clerk of Court
to strike the late IFP application since the case was closed.
A week later, on January 4, 2023, Mr. Garrett filed a motion for reconsideration
(Doc. 13) of the Court’s order of dismissal. In the motion, Mr. Garrett offered a reason
why he had failed to submit his IFP application on time. Giving Mr. Garrett the benefit of
the doubt, the Court granted his motion for reconsideration, reinstated the Report and

Recommendation, reopened the case, and informed Mr. Garrett that he would have an
additional fourteen days to either file an IFP application or pay the filing fee.
warned:

“The deadline is January 18, 2023.

He was

If no IFP application or filing fee is

received by that deadline, the Court will once again dismiss the case without prejudice
for failure to obey a court order and prosecute the case.” (Doc. 14). Mr. Garrett failed to
file by the deadline and did not seek additional time to file.
IT IS THEREFORE ORDERED that the Report and Recommendation (Doc. 9) is
ADOPTED IN ITS ENTIRETY, and the case is DISMISSED WITHOUT PREJUDICE for
failure to obey the Court’s orders, comply with local rules, and prosecute this case.
IT IS SO ORDERED on this 19th day of January, 2023.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE