Peterson v. Faust et al

Filing 25

OPINION AND ORDER DISMISSING CASE without prejudice and certifying that an ifp appeal would not be taken in good faith. Signed by Judge J. Leon Holmes on 11/27/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
VICTORIA L. PETERSON,
ADC #707743
v.

PLAINTIFF

No. 1:12CV00008 JLH/JTR

NURZUHAL FAUST; and
JOHN MAPLES, Warden, McPherson Unit,
Arkansas Department of Correction

DEFENDANTS

OPINION AND ORDER
Victoria L. Peterson filed his pro se § 1983 action while she was a prisoner in the McPherson
Unit. On October 16, 2012, the Court learned that Peterson had been released on parole.
See Documents #20. Thus, on October 23, 2012, the Court entered an order giving Peterson thirty
days to file an amended application to proceed in forma pauperis and a statement indicating whether
she wished to continue with this lawsuit. See Document #21. Importantly, the Court advised
Peterson that if she failed to timely do so, this case would be dismissed pursuant to Local Rule
5.5(c)(2), which 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 shall be expected to be familiar with
and follow the Federal Rules of Civil Procedure.
Id.

As of today’s date, Peterson has not complied with the October 23, 2012 order, and the time
for doing so has expired.1
IT IS THEREFORE ORDERED THAT:
1.

This case is DISMISSED WITHOUT PREJUDICE pursuant to Local Rule 5.5(c)(2).

2.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal would not be taken in good faith.
DATED this 27th day of November, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

1

The October 23, 2012 order was returned to the Court as undeliverable because Peterson
was paroled without providing a forwarding address. See Document #22. However, Peterson has
previously received an order explaining her obligations under Local Rule 5.5(c)(2) and the
consequences of failing to do so. See Document #4.
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