United States District Court, E.D. Arkansas, Western Division
RODNEY DEWAYNE MOSBY, SR. ADC #113836 PLAINTIFF
KAREN GRANT, LPN, Head Nurse, Faulkner County Sheriff's Office, Unit 2 DEFENDANT
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE UNITED STATES MAGISTRATE JUDGE
following recommended disposition has been sent to United
States District Judge Brian S. Miller. 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.
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
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.
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
Dewayne Mosby, Sr. (“Plaintiff”) has filed a
pro se Complaint alleging Defendants violated his
constitutional rights. (Doc. No. 1.) In July 2019, I issued
an Order explaining Plaintiff's obligation under Local
Rule 5.5(c)(2) to maintain a valid mailing address with the
Clerk and advising him of the consequences if he failed to
abide by that rule. (Doc. No. 2.) Plaintiff received that
August, mail sent to Plaintiff was returned undeliverable
because he was released from the Faulkner County Detention
Center without providing a new address to the Clerk, as
required by Local Rule 5.5(c)(2). (Doc. No. 6.) On August 13,
2019, I issued an Order giving Plaintiff thirty (30) days to
provide his current mailing address to the Clerk and to file
a new Application to Proceed In Forma Pauperis
demonstrating whether he was still entitled to proceed in
forma pauperis. (Doc. No. 7.) I warned
Plaintiff I would recommend dismissal if he did not timely do
so. (Id.) Plaintiff has not complied with my August
13, 2019 Order, and the time to do so has expired.
Accordingly, I recommend the case be dismissed without
prejudice due to a lack of prosecution. See Fed. R.
Civ. P. 41(b); Local Rule 5.5(c)(2).