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Flynn v. Faulkner County Detention Center

United States District Court, E.D. Arkansas, Western Division

September 11, 2014

STEVEN FLYNN, Plaintiff,
v.
FAULKNER COUNTY DETENTION CENTER, Defendants.

PROPOSED FINDINGS AND RECOMMENDATIONS

JOE J. VOLPE, Magistrate Judge.

INSTRUCTIONS

The following recommended disposition has been sent to United States District Judge Billy Roy Wilson. 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 a 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 new 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:

DISPOSITION

Steven Flynn ("Plaintiff") filed this pro se action on July 14, 2014 (Doc. No. 1). On July 28, 2014, mail sent by the Court to Plaintiff was returned as undeliverable (Doc. No. 4). On August 4, 2014, the Court entered an Order directing Plaintiff to notify the Clerk of Court of his new address within fourteen days (Doc. No. 5). Per that Order, Plaintiff was cautioned that failure to comply could result in the dismissal of his action without prejudice pursuant to Local Rule 5.5 (c)(2)[1] ( Id. ).

In excess of thirty days have passed since the Court entered its Order and, to date, Plaintiff has not responded. Pro se litigants must still comply with all relevant rules of procedure. See Faretta v. California, 422 U.S. 806, 834-835 n.46 (1975). Here, Plaintiff has failed to comply with Local Rule of the Court 5.5(c)(2) and the Court therefore recommends that his Complaint be DISMISSED.

IT IS, THEREFORE, RECOMMENDED THAT:

1. Plaintiff's Complaint (Doc. No. 1) be DISMISSED without prejudice;

2. The Court certify, pursuant to 28 U.S.C. ยง 1915(a)(3), that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith.


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