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Parks v. Thorn

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

May 29, 2019

CABLE THOMAS PARKS PLAINTIFF
v.
RICKY THORN, Deputy, Monroe County Sheriff's Department; et al. DEFENDANTS

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE.

         INSTRUCTIONS

         The following recommended disposition has been sent to United States District Judge James M. Moody, 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 (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

         I. DISCUSSION

         Cable Thomas Parks (“Plaintiff”) was confined in the Prairie County Jail when he commenced this pro se action, pursuant to 42 U.S.C. § 1983. (Doc. No. 2.) On January 28, 2019, I granted Plaintiff in forma pauperis status, explained his obligations under Local Rule 5.5(c)(2), and advised him of the consequences if he failed to abide by that rule.[1] (Doc. No. 4.)

         Thereafter, mail sent to Plaintiff was returned undeliverable because he had been released from custody without providing a new address to the Clerk, as required by Local Rule 5.5(c)(2). (Doc. No. 7.) On March 25, 2019, I gave Plaintiff thirty (30) days to provide his current mailing address to the Clerk and to file another Application to Proceed In Forma Pauperis (“IFP Application) demonstrating whether he was still entitled to proceed in forma pauperis after his release. (Doc. No. 9.) I warned Plaintiff his case would be dismissed if he did not timely do so. (Id.) Plaintiff provided the Court with a new mailing address, but he did not file an IFP Application. (Doc. No. 17.) On April 23, 2019, I ordered the Clerk to send Plaintiff another IFP Application at his new address and warned him that I would recommend dismissal of this case if he failed to file it or pay the filing fee in full within thirty (30) days. (Doc. No. 20.) My Order, as well as several other pleadings, have been returned undeliverable at the address provided by Plaintiff. (Doc. No. 25.)

         The time for Plaintiff to file a new IFP Application has expired. He has been advised of his obligation to maintain a current mailing address with the Clerk and warned of the consequences for failing to timely respond to Court orders. Thus, I ...


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