3:25-cv-03085•Baker v. State of Arkansas
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION TANNER BAKER PLAINTIFF v. Civil No. 3:25-cv-03085-TLB-CDC STATE OF ARKANSAS DEFENDANT MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION This is a civil rights action filed under 42 U.S.C. § 1983. The case was directly assigned to the undersigned Magistrate Judge pursuant to General Order 2024-02, but not all parties to the action have consented to the jurisdiction of the undersigned. See 28 U.S.C. § 636(c). Accordingly, the case will automatically be reassigned to Chief United States District Judge Timothy L. Brooks and referred to the undersigned for a report and recommendation pursuant to the provisions of 28 U.S.C. §§ 636(b)(1) and (3). The case is before the Court on Plaintiff’s failure to obey an order of the Court. I. DISCUSSION On November 24, 2025, this Court received a complaint (ECF No. 1) and in forma pauperis (“IFP”) application (ECF No. 2) from Plaintiff, who was incarcerated in the Newton County Jail in Jasper, Arkansas. Because Plaintiff’s IFP application was incomplete, this Court entered an Order directing him to either pay the filing fee or provide a completed Certificate of Account by December 15, 2025. See ECF No. 3. That Order also instructed Plaintiff that if he is transferred to another jail or prison or released, then he must inform the Court of his new address within thirty days of his transfer or release. See id. This Order was eventually returned as undeliverable, see ECF No. 5, but Plaintiff never provided the Court with his updated address and never submitted Case 3:25-cv-03085-DCF Document 8 Filed 02/23/26 Page 1 of 3 PageID #: <pageID>
2 any filing fee or completed Certificate of Account. Accordingly, on January 12, 2026, this Court entered an Order directing Plaintiff to show cause why he failed to obey its previous Order by February 2, 2026, and warning that “[i]f Plaintiff fails to respond by the deadline, this case shall be subject to dismissal.” See ECF No. 6. Plaintiff never filed any response to the show-cause Order, which likewise was returned as undeliverable, see ECF No. 7, and he still has not provided the Court with any updated address. The Federal Rules of Civil Procedure specifically contemplate dismissal of a case on the grounds that the plaintiff failed to prosecute or failed to comply with an order of the court. Fed. R. Civ. P. 41(b); Line v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)). Pursuant to Rule 41(b), a district court has the power to dismiss an action based on “the plaintiff’s failure to comply with any court order.” Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (emphasis added). Additionally, Rule 5.5(c)(2) of the Local Rules for the Eastern and Western Districts of Arkansas requires parties appearing pro se to monitor the case, and to prosecute or defend the action diligently. II. CONCLUSION Accordingly, it is recommended that this case be DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b), based on Plaintiff’s failure to prosecute this case, his failure to obey the orders of the Court, and his failure to comply with Local Rule 5.5(c)(2). Fed. R. Civ. P. 41(b). The parties have fourteen days from receipt of the Report and Recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. Case 3:25-cv-03085-DCF Document 8 Filed 02/23/26 Page 2 of 3 PageID #: <pageID>
3 DATED this 23rd day of February 2026. /s/ Christy Comstock HON. CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE Case 3:25-cv-03085-DCF Document 8 Filed 02/23/26 Page 3 of 3 PageID #: <pageID>
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