United States District Court, E.D. Arkansas, Jonesboro Division
July 7, 2014
BRANDON LEE STEVENS, #652517; CHRISTOPHER WALRAVEN, #141110, Plaintiffs,
TOWNS; et al., Defendants.
PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS
JOE J. VOLPE, Magistrate Judge.
The following recommended disposition has been sent to Chief United States District Judge Brian S. Miller. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.
If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before either the District Judge or Magistrate Judge, you must, at the time you file your written objections, include the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence to be proffered at the new hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The details of any testimony desired to be introduced at the new hearing in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the new hearing.
From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and "Statement of Necessity" to:
Brandon Stevens and Christopher Walraven ("Plaintiffs") filed this § 1983 action on May 19, 2014 (Doc. No. 1). But Plaintiffs did not pay the statutory filing fee or file a properly completed Application to Proceed Without Prepayment of Fees and Affidavit ("Application"). On May 22, 2014, the Court entered an Order advising Plaintiffs of this deficiency and directing them to submit either the filing fee or a completed Application within thirty days (Doc. No. 2). That Order also informed Plaintiffs of their duty to comply with Local Rule 5.5(c)(2) ( Id. ). More than thirty days have passed since entry of the Order and Plaintiffs have failed to respond. The Court therefore finds it appropriate to dismiss Plaintiffs' cause of action.
IT IS, THEREFORE, RECOMMENDED THAT:
1. Plaintiff's Complaint (Doc. No. 1) be DISMISSED without prejudice;