Roman v. Outlaw et al

Filing 7

ORDER OF DISMISSAL, pltf's complaint is DISMISSED WITHOUT PREJUDICE for failure to timely and properly comply with the Court's Order 2 . Signed by Judge Susan Webber Wright on 4/4/12. (vjt)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

JOSE LUIS ROMAN,
Reg. #88685-079
V.

PLAINTIFF
2:12CV00022 SWW/JTR

T.C. OUTLAW, Warden; and
DOES, Unknown Medical Staff,
FCI-Forrest City

DEFENDANTS

ORDER OF DISMISSAL
Plaintiff, Jose Luis Roman, is a prisoner in the Federal Correctional Institution
located in Forrest City, Arkansas. He has commenced this pro se action alleging that
Defendants have violated his constitutional rights. See docket entry #2.
On February 3, 2012, the Court entered an Order giving Plaintiff thirty days to
file an Amended Complaint containing information necessary to complete the
screening function mandated by 28 U.S.C. § 1915A.

See docket entry #2.

Importantly, the Court advised Plaintiff that the failure to timely and properly do so
would result in the dismissal of his case, without prejudice, pursuant to Local Rule
5.5(c)(2).1 Id.
1

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

As of the date of this Order of Dismissal, Plaintiff has failed to comply with the
Court’s February 3, 2012 Order, and the time for doing so has expired.
IT IS THEREFORE ORDERED THAT:
1.

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 3, 2012 Order.
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 4th day of April, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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 added.)