2:25-cv-02141•Philpott v. Sebastian County Sheriff's Department et al
Philpott v. Sebastian County Sheriff's Department et al
2:25-cv-02141Arwd17 de mar. de 2026
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1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ROBERT PHILPOTT PLAINTIFF v. Civil No. 2:25-cv-02141-TLB-MEF SEBASTIAN COUNTY SHERIFF’S OFFICE; ALL KNOWN AND UNKNOWN SHERIFFS AND DEPUTY SHERIFFS OF THE YEAR 1997; EMPLOYEES OF SEBASTIAN COUNTY ADULT DETENTION CENTER DEFENDANTS 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). Currently before the Court is Plaintiff’s failure to pay the filing fee and failure to prosecute this case. I. BACKGROUND Plaintiff filed his Complaint on November 3, 2025. (ECF No. 1). He was granted in forma pauperis (“IFP”) status that same day. (ECF No. 3). After Plaintiff filed his Amended Complaint on December 15, 2025, an additional review of Plaintiff’s federal cases revealed that Plaintiff has had at least three cases, filed when he was incarcerated or detained, which were dismissed as frivolous or as failing to state a claim. (ECF No. 25). Accordingly, Plaintiff’s IFP status was revoked on January 30, 2026. (Id.). Plaintiff was directed to pay the filing fee by February 19, 2026. (Id. at 2). He was advised that failure to pay the filing fee by the deadline would result in Case 2:25-cv-02141-DCF Document 26 Filed 03/17/26 Page 1 of 3 PageID #: <pageID>
2 the dismissal of his case for failure to prosecute. (Id.). This Order was not returned as undeliverable. To date, Plaintiff has not paid the filing fee, and he has not otherwise communicated with the Court. II. LEGAL STANDARD Although pro se pleadings are to be construed liberally, a pro se litigant is not excused from complying with substantive and procedural law. Burgs v. Sissel, 745 F.2d 526, 528 (8th Cir. 1984). The local rules state in pertinent part: It is the duty of any party not represented by counsel to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. ... If any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure. Local Rule 5.5(c)(2). Additionally, 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 orders of the court. Fed. R. Civ. P. 41(b); 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)). 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). III. ANALYSIS Plaintiff has failed to comply with a Court Order to pay the filing fee for this case. Plaintiff has, therefore, failed to prosecute this matter. Accordingly, pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule 5.5(c)(2), Plaintiff’s Complaint should be dismissed without prejudice for failure to comply with the Court’s Local Rules and Orders and failure to prosecute this case. Case 2:25-cv-02141-DCF Document 26 Filed 03/17/26 Page 2 of 3 PageID #: <pageID>
3 IV. CONCLUSION Accordingly, it is RECOMMENDED that Plaintiff’s Amended Complaint (ECF No. 24) be DISMISSED WITHOUT PREJUDICE. Referral Status: This case should not remain referred because all matters have been recommended for dismissal in this Report and Recommendation. The parties have fourteen (14) 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 a 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. DATED this 17th day of March 2026. /s/ Mark E. Ford HON. MARK E. FORD UNITED STATES MAGISTRATE JUDGE Case 2:25-cv-02141-DCF Document 26 Filed 03/17/26 Page 3 of 3 PageID #: <pageID>
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