Filed: Mar. 03, 2017
Latest Update: Mar. 03, 2017
Summary: PROPOSED FINDINGS AND RECOMMENDATIONS JOE J. VOLPE , 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
Summary: PROPOSED FINDINGS AND RECOMMENDATIONS JOE J. VOLPE , 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 a..
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PROPOSED FINDINGS AND RECOMMENDATIONS
JOE J. VOLPE, 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 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 inadequate.
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.
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
Plaintiff, Wesley Frost, filed this action on December 28, 2016. (Doc. No. 2.) On January 27, 2017, mail sent to Plaintiff from the Court was returned as undeliverable. (Doc. No. 8.) Therefore, on January 27, 2017, I directed Plaintiff to provide an updated address and affirm his intent to continue prosecuting this action within thirty days.1 (Doc. No. 9.) Additional mail was returned as undeliverable. (Doc. Nos. 15-17.)
More than thirty days have 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. No. 3.)
IT IS, THEREFORE, RECOMMENDED THAT Plaintiff's Complaint (Doc. No. 2) be DISMISSED without prejudice.
SO RECOMMENDED.
