Jackson v. Roberts et al

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
WESLEY ALLEN JACKSON 	PLAINTIFF
v. 	Civil No. 1:24-cv-01064-SOH-BAB
SHERIFF RICKY ROBERTS, Union
County, Arkansas; and NURSE CASIE
SANFORD 	DEFENDANTS
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
This case was directly assigned to the undersigned Magistrate Judge. 	However, because
not all parties to the action have consented to the jurisdiction of the undersigned, and Plaintiff’s
claims require dismissal, the Court enters its findings as a Report and Recommendation and the
case will automatically be reassigned to Chief United States District Judge Susan O. Hickey. 	28
U.S.C. § 636(c); Rule 73 of the Federal Rules of Civil Procedure, and General Order 2024-02.
The case is before the Court on the Plaintiff’s failure to obey the Orders of the Court.
I. 	DISCUSSION
Plaintiff filed this action pursuant to 42 U.S.C. §1983. 	He proceeds pro se and in forma
pauperis (“IFP”). 	Plaintiff was incarcerated in the Union County Detention Center (“UCDC”)
at the time he filed his Complaint. 	(ECF No. 1 at 1).
Plaintiff’s Complaint was determined to be deficient because he listed or mentioned
multiple individuals that he had not identified as Defendants in the Complaint. 	(ECF No. 3).
Plaintiff was directed to file an Amended Complaint by October 10, 2024. 	Id.
In the same Order, Plaintiff was specifically advised that he was required to immediately
inform the Court of any change of address. 	(ECF No. 3). 	If Plaintiff was transferred or released,
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Plaintiff was told he must advise the Court of any change in his address by no later than thirty
(30) days from the time of his transfer to another facility or his release.
Plaintiff did not file the Amended Complaint. 	To ensure procedural fairness, a Show
Cause Order was entered on October 28, 2024. 	(ECF No. 8). 	Plaintiff was given until
November 18, 2024, to show cause why his case should not be dismissed based on his failure to
obey the Court’s Order. 	Id.
On October 31, 2024, Plaintiff filed a notice of change of address and a response to the
Show Cause Order. 	(ECF Nos. 9-10). 	In his response to the Show Cause Order, Plaintiff stated
that during his transfer to the Northeast Arkansas Community Correction, a unit of the Arkansas
Division of Community Correction, some of his legal papers were lost. 	(ECF No. 10). 	For this
reason, an Order was entered giving Plaintiff an extension of time until November 22, 2024, to
file his Amended Complaint. 	(ECF No. 11). 	On November 26, 2024, Plaintiff sent in a
response stating he had received the Order directing him to file an Amended Complaint on
November 18, 2024. 	(ECF No. 13). 	Further, he stated he had no stamps to send his Amended
Complaint to the Court. 	Id. 	However, Plaintiff was able to mail his response to the Order.
Additionally, Plaintiff stated he would like to proceed on his original complaint. 	Id.
On December 19, 2024, the Court reviewed the original Complaint and pursuant to Rule 20
of the Federal Rules of Civil Procedure determined that certain claims were improperly joined.
(ECF No. 15). 	The improperly joined claims were severed and new cases opened. 	Id. 	Plaintiff
was advised he was required to file an Amended Complaint in this case asserting only his claims
about his confinement in the UCDC in 2021. 	Id. 	The Amended Complaint was due by January
9, 2025. 	Id.
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Plaintiff failed to file his Amended Complaint. 	On January 21, 2025, a Show Cause Order
was entered. 	(ECF No. 17). 	On January 29, 2025, mail was returned as undeliverable from the
Northeast Arkansas Community Correction Center with a notation “return to sender—not
incarcerated here.” 	(ECF No. 19). 	This gave Plaintiff thirty days or until February 28, 2025, to
provide the Court with a new address. 	Id. 	On February 10, 2025, mail was again returned as
undeliverable. 	(ECF No. 20). 	Plaintiff was erroneously given a new date until March 12, 2025,
to provide a new address. 	For this reason, the undersigned has delayed entering this Report and
Recommendation.
The Federal Rules of Civil Procedure specifically contemplate dismissal of a case on the
ground 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.
To date, Plaintiff has not provided a new address or contacted the Court in anyway. 	In
fact, the last thing filed by the Plaintiff in this case was his November 26, 2024, response to the
Court’s first show cause order. 	(ECF No. 13).
II. 	CONCLUSION
For this reason, it is recommended that this case be DISMISSED WITHOUT
PREJUDICE pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 5.5(c)(2)
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of the Local Rules for the Eastern and Western Districts of Arkansas.
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.
Status of Referral: 	The referral terminates upon the filing of this Report and
Recommendation.
DATED this 18th day of March 2025.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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