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Henderson v. Perdue

United States District Court, E.D. Arkansas, Pine Bluff Division

January 22, 2018

REGINALD LAMONT HENDERSON, JR. PLAINTIFF
v.
PERDUE, Sergeant, Dub Brassell Detention Center; et al. DEFENDANTS

          PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

          JOE J. VOLPE UNITED STATE MAGISTRATE JUDGE

         The following recommended disposition has been sent to United States District Judge J. Leon Holmes. 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 (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:

Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325

         DISPOSITION

         Reginald Lamont Henderson, Jr. (“Plaintiff”) filed this action on December 1, 2017. (Doc. No. 2.) On December 15, 2017, mail sent to Plaintiff from the Court was returned as undeliverable. (Doc. No. 6.) Therefore, on December 18, 2017, I directed Plaintiff to provide an updated address and affirm his intent to continue prosecuting this action within thirty days.[1] (Doc. No. 7.) Additional mail was returned as undeliverable. (Doc. Nos. 8-12.) More than thirty days have now passed, and Plaintiff has not complied with or otherwise responded to my Order. He was warned that such failure would result in a recommendation that this action be dismissed without prejudice pursuant to Local Rule 5.5(c)(2). (Doc. Nos. 3 at 4, 7 at 1.)

         Additionally, on December 5, 2017, I denied Plaintiffs Application to Proceed Without Prepayment of Fees and Affidavit (Doc. No. 1) and directed him to submit, within thirty days, either the $400 filing fee or a proper and complete Application to Proceed Without Prepayment of Fees and Affidavit.[2] (Doc. No. 3.) Plaintiff submitted a second Application to Proceed Without Prepayment of Fees and Affidavit, which was similarly incomplete. (Doc. No. 4.) Therefore, on December 11, 2017, I denied Plaintiffs second Application and again ordered him to submit, within thirty days, either the filing fee or a complete Application. (Doc. No. 5.) More than thirty days have now passed, and Plaintiff has not complied with or otherwise responded to my Order. He was warned that a failure to comply would result in the dismissal of his case without prejudice. (Doc. Nos. 3 at 1-2, 5 at 2.)

         IT IS, THEREFORE, RECOMMENDED that:

         1. Plaintiffs Complaint (Doc. No. 2) be DISMISSED without prejudice.

         2. The Court certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting these ...


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