Filed: Apr. 06, 2016
Latest Update: Apr. 06, 2016
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..
More
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 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
Christopher George Knox ("Plaintiff") brought this action alleging Defendant Richards denied him adequate mental healthcare. (Doc. No. 2.) Now, Dr. Richards has moved to dismiss this action because Plaintiff failed to appear at a scheduled deposition on March 2, 2016. (Doc. No. 35; Doc. No. 35-1 at 6.) Plaintiff has not responded to the Motion and the deadline for doing so has passed.
I recommend this action be dismissed without prejudice for failure to prosecute.1 In the event Plaintiff desires to continue prosecution of these claims at some later date, he should first be required to cover Defendant Richards' expenses associated with the missed deposition.
IT IS, THEREFORE, RECOMMENDED that:
1. Plaintiff's Complaint (Doc. No. 2) be DISMISSED without prejudice for failure to prosecute.
2. The Court certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from an Order adopting these recommendations would not be taken in good faith.
