Luna-Gutierrez v. Swatzel et al

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
EMANUEL LUNA-GUTIERREZ 	PLAINTIFF
V. 	NO. 4:25-cv-981-KGB-ERE
A. SWATZEL and
R. SWEET 	DEFENDANTS
RECOMMENDED DISPOSITION
I. 	Procedure for Filing Objections
This Recommendation for the dismissal of Mr. Luna-Gutierrez’s claims has
been sent to United States District Chief Judge Kristine G. Baker. You may file
written objections to all or part of this Recommendation. Objections, if filed, must:
(1) specifically explain the factual and/or legal basis for the objection; and (2) be
received by the Clerk of this Court within fourteen (14) days of the date of this
Recommendation. If you do not object, you risk waiving the right to appeal questions
of fact.
II. 	Discussion
On September 22, 2025, pro se plaintiff Tony M. Ruiz, an Arkansas Division
of Correction inmate formerly detained at the Pope County Detention Center, filed
this federal civil rights lawsuit on Mr. Emanuel Luna-Gutierrez’s behalf. Doc. 1.
Pursuant to Court policy governing multi-plaintiff prisoner cases, the Clerk’s office
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opened a separate case for Mr. Ruiz to pursue his own claims in a separate lawsuit.
See Ruiz v. Swatzel, et al., No. 4:25-cv-00980-KGB-ERE (original case).
With the initial filing, Mr. Luna-Gutierrez failed to provide a completed
application for leave to proceed in forma pauperis (“IFP”); nor did he pay a filing
fee. As a result, on September 24, 2025, I directed the Clerk of Court to send Mr.
Luna-Gutierrez an IFP application and ordered him to either: (1) return a completed
IFP application, along with a jail account information sheet; or (2) pay the $405.00
filing fee. Doc. 2. I specifically warned Mr. Luna-Gutierrez that his failure to comply
within 30 days would likely result in the dismissal of this lawsuit. Id.
To date, Mr. Luna-Gutierrez has not addressed the filing-fee requirement, and
the time to do so has passed.
III. 	Conclusion
IT IS THEREFORE RECOMMENDED THAT:
1. 	Mr. Luna-Gutierrez complaint be DISMISSED, without prejudice,
based on his failure to: (1) comply with the Court’s September 24, 2025 Order; (2)
submit a completed IFP form or pay the filing fee; and (3) prosecute this lawsuit.
2. 	The Clerk be instructed to close this case.
Dated 27 October 2025.
___________________________________
UNITED STATES MAGISTRATE JUDGE
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