Ralston v. Rex

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JONATHAN WAYNE RALSTON 	PLAINTIFF
V. 	CASE NO. 5:24-CV-5075
PATROL OFFICER REX 	DEFENDANT
ORDER
Comes on for consideration the Report and Recommendation (“R&R”) (Doc. 23)
filed in this case on January 6, 2025, by the Honorable Mark E. Ford, United States
Magistrate Judge for the Western District of Arkansas. Plaintiff was ordered to respond
to Defendant’s Motion for Judgment on the Pleadings on October 28, 2024. He failed to
do so. On November 25, 2024, the Court issued a show cause order directing Plaintiff to
respond. Again, Plaintiff ignored the Court’s order. Now, nearly two months later, Judge
Ford recommends that Plaintiff’s case be dismissed for failure to prosecute and failure to
obey Court orders.
On January 17, 2025, Plaintiff filed an Objection (Doc. 24) to the R&R. In it, he
apologizes for not responding to the Court’s orders and acknowledges that he understood
he was obligated to respond but did not do so because he “did not understand . . . what
[wa]s being asked of [him].” Id.
A de novo review of the docket makes clear that the Plaintiff is literate and was
able to successfully assert a claim against Defendant that survived preservice screening.
See Doc. 1. The Court appreciates that Plaintiff is unschooled in the law; nevertheless, a
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pro se litigant is expected to obey Court orders and litigate his case to the best of his
ability. He cannot simply refuse to litigate.
In considering the record before it, the Court is not persuaded that Plaintiff made
an effort to prosecute his case or obey Court orders. IT IS THEREFORE ORDERED that
the R&R is ADOPTED IN ITS ENTIRETY, and the case is DISMISSED WITHOUT
PREJUDICE.
IT IS SO ORDERED on this 21st day of January, 2025.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
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