6:23-cr-60017•USA v. Digiacomo
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1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION UNITED STATES OF AMERICA PLAINTIFF v. Crim. No. 6:23-cr-60017 Civil No. 6:24-cv-6158 ADAM DIGIACOMO DEFENDANT MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION On December 3, 2024, Adam Digiacomo (“Digiacomo”) submitted a letter to the Court raising vaguely stated claims of conflict of interest and ineffective assistance of counsel. ECF No. 35. The letter was filed as a pro se Motion to Vacate Under 28 U.S.C. § 2255. The Motion was initially referred to Magistrate Judge Mark E. Ford who determined the Motion was deficient because: (1) it was not on the standard form § 2255 motion (Form Number AO 243); (2) it did not contain a statement of the relief requested; and, (3) it was not signed under penalty of perjury by the Defendant, along with a statement regarding when the motion was placed in the prison mailing system (if the prison mailing system was used). See Rules Governing § 2255 Cases, Rule 2; Form Number AO 243. ECF No. 37. Based on these deficiencies, the Court provided Digiacomo with a standard form Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Form Number AO 243), and ordered Digiacomo to complete, sign, and file the standard form on or before January 3, 2025. Id. Digiacomo was notified that failure to comply with this Order would subject his pending Motion to summary dismissal for failure to obey a court order. Id. To date, Digiacomo has not responded to the Court’s order. Accordingly, the Court recommends this case be DISMISSED WITHOUT PREJUDICE under Rule 41(b) of the Federal Case 6:23-cr-60017-SOH Document 54 Filed 11/24/25 Page 1 of 2 PageID #: <pageID>
2 Rules of Civil Procedure for failure to follow an order of this Court and failure to prosecute this action. See United States v. Greenwood, 2:18-cr-20021, 2022 WL 495194 (unpublished) (recommending dismissal without prejudice of defendant’s § 2255 motion for failure to comply with the Court’s Order) (citing Fed. R. Civ. P. 41(b); Local Rule 5.5(c)(2); Link 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)); and Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (holding district court has the power to dismiss an action based on “the plaintiff’s failure to comply with any court order.”)). The Parties have fourteen (14) days from receipt of this 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. See Thompson v. Nix, 897 F.2d 356, 357 (8 th Cir. 1990). DATED this 24th day of November 2025. /s/ Spencer G. Singleton HONORABLE SPENCER G. SINGLETON UNITED STATES MAGISTRATE JUDGE Case 6:23-cr-60017-SOH Document 54 Filed 11/24/25 Page 2 of 2 PageID #: <pageID>
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