Cantrell v. Corizon Inc et al
ORDER OF DISMISSAL that pltf's complaint is DISMISSED WITHOUT PREJUDICE for failure to comply with the Court's Order 13 ; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 3/20/12. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JIMMY SHANE CANTRELL,
No. 2:12CV00018 JLH/JTR
CORIZON, INC., et al.
ORDER OF DISMISSAL
Plaintiff, Jimmy Shane Cantrell, is a prisoner in the East Arkansas Regional Unit of the
Arkansas Department of Correction. On January 24, 2012, he filed a pro se § 1983 Complaint
alleging that numerous Defendants violated his constitutional rights. See docket entry #2.
On February 16, 2012, the Court: (1) struck the Complaint on the ground it violated Fed.
R. Civ. P. 8 and 20; and (2) gave Plaintiff thirty days to file a Substituted Complaint that complied
with the Federal Rules of Civil Procedure. See docket entry #13. Importantly, the Court advised
Plaintiff that the failure to timely and properly file a substituted Complaint would result in the
dismissal of his case, without prejudice, pursuant to Local Rule 5.5(c)(2).1 Id.
As of the date of this Order of Dismissal, Plaintiff has failed to comply with the February 16,
2012 Order, and the time for doing so has expired.
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
shall be expected to be familiar with and follow the Federal Rules of Civil Procedure.” (Emphasis
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 Court’s February 16, 2012 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
DATED this 20th day of March, 2012.
UNITED STATES DISTRICT JUDGE
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