Montoya v. Independence County Jail
ORDER OF DISMISSAL pursuant to Local Rule 5.5(c)(2), this case is DISMISSED WITHOUT PREJUDICE due to pltf's failure to timely and properly comply with the October 25, 2011 Order 8 . Signed by Judge Susan Webber Wright on 12/12/11. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NATHAN RAY MONTOYA
INDEPENDENCE COUNTY JAIL
ORDER OF DISMISSAL
Plaintiff, Nathan Ray Montoya, has commenced this pro se § 1983 action
alleging that his constitutional rights were violated while he was confined in the
Independence County Jail. See docket entry #2.
On October 25, 2011, the Court entered an Order giving Plaintiff thirty days to
file: (1) a freeworld Application to Proceed In Forma Pauperis; and (2) an Amended
Complaint containing information necessary to complete the screening function
mandated by 28 U.S.C. § 1915A. See docket entry #8. Importantly, the Court advised
Plaintiff that the failure to timely and properly do so would result in the dismissal of
his case, without prejudice, pursuant to Local Rule 5.5(c)(2).1 Id.
Local Rule 5.5(c)(2) provides that: “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. A party appearing for himself/herself shall sign his/her
pleadings and state his/her address, zip code, and telephone number. 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
As of the date of this Order of Dismissal, Plaintiff has failed to comply with the
October 25, 2011 Order, and the time for doing so has expired.
IT IS THEREFORE ORDERED THAT:
Pursuant to Local Rule 5.5(c)(2), this case is DISMISSED, WITHOUT
PREJUDICE, due to Plaintiff’s failure to timely and properly comply with the October
25, 2011 Order.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma
pauperis appeal from this Order of Dismissal and the accompanying Judgment would
not be taken in good faith.
Dated this 12th day of December, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
shall be expected to be familiar with and follow the Federal Rules of Civil Procedure.”
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