The opinion
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
BARRY LYNN CAMERON PLAINTIFF
v. Civil No. 2:21-cv-02123
JAIL ADMINISTRATOR NICK McKITTRICK,
Johnson County Detention Center;
CORRECTIONAL OFFICER TOMMY EVANS;
and DR. DARRELL ELKINS, Jail Doctor DEFENDANTS
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This is a civil rights action filed pursuant to 42 U.S.C. § 1983. Pursuant to the provisions of
28 U.S.C. § 636(b)(1) and (3) (2011), the Honorable P. K. Holmes III, United States District Judge,
referred this case to the undersigned for the purpose of making a Report and Recommendation.
Currently before the Court is Plaintiff’s failure to comply with an order of the Court.
Plaintiff, Barry Lynn Cameron, filed this 42 U.S.C. § 1983 action pro se on July 9, 2021.
(ECF No. 1). Plaintiff’s application to proceed in forma pauperis was granted that same day. (ECF
No. 3). On August 3, 2021, the Court ordered Plaintiff to file an Amended Complaint by August 24,
2021, to clarify his claims. (ECF No. 6). The order informed Plaintiff that failure to timely and
properly comply with the order would result in the case being dismissed. Id. To date, Plaintiff has
not responded, and the order has not been returned to the Court as undeliverable.
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).
Local Rule 5.5(c)(2) states 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 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).
Plaintiff has failed to obey an order of the Court and has failed to prosecute this case.
Therefore, pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule 5.5(c)(2), it is
recommended that Plaintiff’s Complaint (ECF No. 1) in this case be DISMISSED WITHOUT
PREJUDICE.
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 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 30th day of August 2021.
/s/
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE