Covington v. Ussery et al

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JOSHUA COVINGTON 	PLAINTIFF
V. 	NO. 4:25-cv-00918-KGB-ERE
CLARK USSERY and
FAULKNER COUNTY
DETENTION CENTER 	DEFENDANTS
RECOMMENDED DISPOSITION
I. 	Procedure for Filing Objections
This Recommendation for the dismissal of Mr. Covington’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 5, 2025, pro se plaintiff Joshua Covington, an inmate at the
Faulkner County Detention Center, Unit 1, filed this § 1983 lawsuit under 42 U.S.C.
§ 1983. Doc. 1.
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With his initial filing, Mr. Covington 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 8, 2025, I directed the Clerk of Court to send Mr. Covington
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.
6. I specifically warned Mr. Covington that his failure to comply within 30 days
would likely result in the dismissal of this lawsuit. Id.
On October 7, 2025, Mr. Covington filed an incomplete IFP application
noting that Detention Center officials had refused to complete his jail account
information sheet. Doc. 7.
On the same day, I instructed the Clerk to send Mr. Covington a new IFP
application and provided him 30 additional days to either return a complete IFP
application or pay the statutory filing fee. Doc. 9. I also instructed Mr. Covington to
notify the Court if he continued to have difficulty having Detention Center staff
complete his jail account information sheet, so that the Court could resolve that
issue. Id.
To date, although Mr. Covington has filed a notice and two affidavits with the
Court (Docs. 10, 11, 12), he has not addressed the filing-fee requirement; nor has he
informed the Court that Detention Center staff have continued to refuse to assist him.
The time to address the filing-fee requirement has passed.
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III. 	Conclusion
IT IS THEREFORE RECOMMENDED THAT:
1. 	Mr. Covington’s complaint be DISMISSED, without prejudice, based
on his failure to: (1) comply with the Court’s October 7, 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 18 November 2025.
___________________________________
UNITED STATES MAGISTRATE JUDGE
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