Beaumont v. Perry

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

FORT SMITH DIVISION

MICHAEL DUKE BEAUMONT PLAINTIFF

v. Civil No. 2:25-cv-02040-TLB-MEF

SHERIFF DANIEL PERRY

(Crawford County, Arkansas);

CORRECT COMMISSARY

(Contract Provider, Crawford County

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 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 obey the Federal

and Local Rules of Civil Procedure and failure to prosecute this case.

I. BACKGROUND

Plaintiff filed his Complaint on April 14, 2025. (ECF No. 1). He was granted in forma

pauperis status that same day. On April 22, 2025, mail sent to Plaintiff was returned as

undeliverable. (ECF No. 8). The deadline for Plaintiff to inform the Court of his new address was

set for May 22, 2025. (Id.). To date, Plaintiff has failed to inform the Court of his new address,

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 keep the Court apprised of his current address as required by Local

Rule 5.5(c)(2). Plaintiff has 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.

IV. CONCLUSION

Accordingly, it is RECOMMENDED that Plaintiff’s Complaint (ECF No. 1) 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 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 27th day of May 2025.

/s/

HON. MARK E. FORD

UNITED STATES MAGISTRATE JUDGE