# Elkins

> District Court, W.D. Arkansas · December 3, 2025

URL: https://www.frixlaw.com/law-library/cases/11234987

## Case

- **Full name:** Christopher Edwards, Jr. v. Taylor Elkins; Britni Binam; Logan Hatcher; and Dalton Lewis
- **Court:** District Court, W.D. Arkansas
- **Decided:** December 3, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11234987

## How later opinions describe it (automated extraction)

- stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)

## Opinion text

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION

CHRISTOPHER EDWARDS, JR. PLAINTIFF

v. Civil No. 5:25-cv-05096-TLB-CDC

TAYLOR ELKINS; BRITNI BINAM;
LOGAN HATCHER; and DALTON LEWIS 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). The case is before the Court on Plaintiff’s failure to obey an order of
the Court.
I. DISCUSSION
Plaintiff was incarcerated in the Washington County Detention Center when he submitted
his Complaint (ECF No. 1), and is proceeding pro se and in forma pauperis (“IFP”). However, on
June 24, 2025, Plaintiff informed the Court that he had been released and provided the Court with
his new mailing address. On October 9, 2025, the Court entered an Order directing Plaintiff to
submit a new IFP application reflecting his free-world financial status by October 30, 2025. See
ECF No. 23. That Order was never returned as undeliverable, but the deadline passed with no
communication from Plaintiff. On October 31, 2025, the Court entered an Order giving Plaintiff
21 days to show cause why he failed to obey the prior Order, and warning that if he failed to
respond by this deadline, “this case shall be subject to dismissal.” See ECF No. 25. That deadline
has also passed, and Plaintiff has not filed any response nor sought any extension. The Court’s
show cause Order was likewise never returned as undeliverable.
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.
II. CONCLUSION
Accordingly, it is recommended that this case be DISMISSED WITHOUT PREJUDICE
pursuant to Rule 41(b), based on Plaintiff’s failure to prosecute this case, his failure to obey the
orders of the Court, and his failure to comply with Local Rule 5.5(c)(2). Fed. R. Civ. P. 41(b).

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. The parties are
reminded that objections must be both timely and specific to trigger de novo review by the
district court.
DATED this 3rd day of December 2025.
/s/ Christy Comstock
HON. CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11234987. Public record. Not legal advice.