United States District Court, E.D. Arkansas, Jonesboro Division
June 16, 2015
LANESHIA WILLIAMS, Plaintiff,
DOES, et al., Defendants.
PROPOSED FINDINGS AND RECOMMENDATIONS
JEROME T. KEARNEY, Magistrate Judge.
The following recommended disposition has been sent to United States District Judge D. P. Marshall Jr. 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 the District Judge, you must, at the same time that you file your written objections, include the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at the hearing before the District Judge 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 hearing before the District Judge.
From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.
Mail your objections and "Statement of Necessity" to:
Plaintiff Williams is an inmate who filed this pro se 42 U.S.C. § 1983 action while incarcerated at the Craighead County Detention Facility (Jail). The Court granted her Motion to Proceed in forma pauperis (ifp) in this action on March 4, 2015, and further directed her to provide identifying information about Defendant Nurse Tammy and the other Doe Defendants on April 27, 2015 (Doc. No. 11). However, the April 27, 2015 Order was returned to the Court on May 7, 2015 (Doc. No. 12), and Plaintiff has not corresponded further with the Court.
Therefore, pursuant to Local Rule 5.5(c)(2), Plaintiff's Complaint should be dismissed without prejudice, for failure to prosecute. Accordingly,
IT IS, THEREFORE, RECOMMENDED that Plaintiff's complaint be DISMISSED without prejudice for failure to prosecute.
IT IS SO RECOMMENDED.