Fortune v. Does

Filing 12

ORDER DISMISSING CASE without prejudice. An ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 10/20/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

EASTERN DIVISION

WILLIE C. FORTUNE,

REG. #19866-045
v.

PLAINTIFF
No.2:11-cv-34-DPM-JTR

JOHN DOES, Unknown
Correctional Officers, FCI-Forrest City

DEFENDANTS

ORDER
On 7 April 2011, Magistrate JudgeJ. Thomas Ray ordered Fortune to file
an amended complaint within 30 days. Document No. 10. Fortune has failed
to comply with that Order. Accordingly, his complaint is dismissed, without
prejudice, pursuant to Local Rule 5.5(c)(2).1
An in forma pauperis appeal from this Order of Dismissal and

accompanying Judgment would not be taken in good faith. 28 U.S.C. §

I

Local Rule 5.5(c)(2) provides:
Parties appearing pro se. 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.

1915(a)(3).

So Ordered.