Darling v. Outlaw

Filing 10

ORDER dismissing this petition without prejudice as it appears that petitioner is no longer interested in pursuing this matter. Signed by Judge William R. Wilson, Jr on 12/23/08. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION KENT PETER DARLING vs. 2:08CV00165 WRW PETITIONER

T. C. OUTLAW, Warden, FCI, Forrest City, Arkansas ORDER

RESPONDENT

On October 10, 2008, the court entered an Order informing Petitioner of his opportunity to reply to the Response to his petition (DE #5). Petitioner did not reply. On November 24, 2008, the court entered an Order informing him that, if he did not reply to the Response, or inform the court that he did not wish to reply, the court would presume he was no longer interested in pursuing this matter and his petition would be subject to dismissal without prejudice for failure to prosecute under Local Rule 5.5(c)(2) (DE #7). That Order was sent to Petitioner's last known address, but

it was returned, marked "Return to Sender Not Deliverable as Addressed Unable to Forward" (DE #9). Rule 5.5(c)(2) of the Rules of the United States District Courts for the Eastern and Western Districts of Arkansas, referring to parties appearing pro se, states: (2) not and his and Parties appearing pro se. It is the duty of any party represented by counsel to promptly notify the Clerk the other parties to the proceedings of any change in or her address, to monitor the progress of the case, 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.... Petitioner failed to reply to the court's Order of October 10, 2008, and he has failed to provide the court with a current address, making it impossible to communicate with him. he is no longer interested in pursuing this matter. IT IS THEREFORE ORDERED that this petition be, and it is hereby, dismissed without prejudice. SO ORDERED this 23rd day of December, 2008. It appears

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE