Krepps v. Ballwin et al

Filing 36

ORDER DISMISSING CASE without prejudice due to plaintiff's failure to timely and properly comply with the Court's June 7, 2010 Order; and certifying that an ifp appeal would not be taken in good faith. Signed by Judge William R. Wilson, Jr on 8/20/10. (bkp)

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Krepps v. Ballwin et al Doc. 36 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JIMMY DEAN KREPPS ADC #143041 V. JOHN COLLIER, Jailer, Cross County Jail ORDER OF DISMISSAL Plaintiff, Jimmy Dean Krepps, commenced this pro se 1983 action while he was a prisoner in the Arkansas Department of Correction ("ADC"). See docket entry #1. On June 7, 2010, the Court entered an Order granting Defendant's Motion to Compel and giving Plaintiff fourteen days to file his Answers to Defendant's discovery requests.1 See docket entry #31. Importantly, the Court advised Plaintiff that if he failed to timely and properly do so, this case would be dismissed, without prejudice, pursuant to Fed. R. Civ. P. 37(b)(2)(A)(v). Id. As of the date of this Order of Dismissal, Plaintiff has failed to comply with the Court's June 7, 2001 Order, and the time for doing so has expired. IT IS THEREFORE ORDERED THAT: 1. Pursuant to Fed. R. Civ. P. 37(b)(2)(A)(v), this case is DISMISSED, WITHOUT 2:09CV00074 WRW/JTR DEFENDANT PLAINTIFF PREJUDICE, due to Plaintiff's failure to timely and properly comply with the Court's June 7, 2010 Order. The June 7, 2010 Order was returned to the Court as undeliverable because Plaintiff has been released from the ADC on parole. See docket entry #33. Plaintiff has not provided the Court with a correct mailing address, despite being previously advised by the Court of the necessity of doing so. See docket entry #2 at n. 1. 1 2. 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 20th day of August, 2010. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

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