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Daniels v. Norwood

United States District Court, W.D. Arkansas, El Dorado Division

June 19, 2015

JARROD LOGAN DANIELS, Plaintiff,
v.
DAVID NORWOOD, et al., Defendants.

REPORT AND RECOMMENDATION

JAMES R. MARSCHEWSKI, Magistrate Judge.

Before the undersigned for report and recommendation is the Plaintiff's Complaint (ECF No. 1) filed May 21, 2015 under 42 U.S.C. ยง1983. The Plaintiff's IFP application was incomplete and the Court ordered that the Complaint be provisionally filed and ordered the clerks office to forward a new IFP which was to be completed and filed with the clerk on or before June 11, 2015. ( ECF No. 3).

The clerks office forwarded a Prisoner Litigation Guide, Privacy Act Information, and Blank IFP application to the Plaintiff on May 21, 2015. The Plaintiff has not responded to the court's order as of this date. The court did check the Ouachita County Jail records on this date and determined that the Plaintiff is no longer in that facility. The court also checked the Arkansas Department of Correction and determined the Plaintiff is not in that facility as well.

Based upon the Plaintiff's failure to comply with the court's order I recommend that the Complaint be dismissed without prejudice.

The plaintiff has fourteen days from receipt of this report and recommendation in which to file written objections pursuant to 28 U.S.C. Section 636(b)(1). The failure to file timely written objections may result in waiver of the right to appeal questions of fact. The plaintiff is reminded that objections must be both timely and specific to trigger de novo review by the district court.


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