Kendred v Hitt et al, No. 3:2013cv00279 - Document 8 (E.D. Ark. 2014)

Court Description: ORDER ADOPTING as modified 6 PROPOSED FINDINGS AND RECOMMENDATIONS. Kendred' s complaint will be dismissed without prejudice for failure to prosecute. Local Rule 5.5(c)(2). No strike is assessed. The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 2/28/2014. (jak)

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Kendred v Hitt et al Doc. 8 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION KERRY KENDRED, JR. ADC #14510 v. PLAINTIFF No. 3:13-cv-279-DPM-JJV BECKY HITT, Jail Administrator; TIFFANY GLOVER, Jailer; DOYLE RAMEY, Jailer; and JASON THOMAS, Jailer "Chuck" DEFENDANTS ORDER Unopposed recommendation, NQ 6, adopted as modified. FED. R. CIV. P. 72(b)(3) (1983 addition to advisory committee notes). Kendred did not file an amended complaint, even though on screening Judge Volpe explained the legal defects in the complaint. NQ 5. Now, mail to Kendred is being returned, so he hasn't received the recent recommendation. NQ 7. Judge Volpe pointedly reminded Kendred (in an Order that was not returned) that Kendred had to keep his address current, and respond to orders within thirty days, or his case could be dismissed. NQ 5 at 4-5. In the circumstances, Kendred' s complaint will be dismissed without prejudice for failure to prosecute. Local Rule 5.5(c)(2). No strike is assessed. The Court certifies that Dockets.Justia.com an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. So Ordered. D.P. Marshall Jr. United States District Judge -2-

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