Castro v. FCI - Forrest City et al

Filing 36

OPINION AND ORDER dismissing this case without prejudice pursuant to Local Rule 5.5(c)(2. Defendants' 24 motion for summary judgment is denied as moot. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Signed by Judge J. Leon Holmes on 7/21/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

JORGE A. CASTRO,
Reg. #42416-279
v.

PLAINTIFF
NO. 2:13CV00068 JLH/JTR

MARK A. SHELDON, Lieutenant; and
ANTHONY HAYNES, Warden, FCI-FC

DEFENDANTS

OPINION AND ORDER
Jorge A. Castro has filed his pro action alleging that Defendants violated his constitutional
rights. On January 30, 2014, defendants filed a motion arguing that they are entitled to summary
judgment because Castro failed to state a viable claim for relief and did not properly exhaust his
administrative remedies. Document #24. On April 7, 2014, the Court gave Castro a final thirty
days to respond to defendants' motion. Document #35. Importantly, the Court advised Castro that
if he failed to timely do so, his case could be dismissed pursuant to Local Rule 5.5(c)(2), which
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.
Id.
As of today’s date, Castro has not responded to defendants' motion for summary judgment,
and the time for doing so has expired.

IT IS THEREFORE ORDERED THAT:
1.

This case is dismissed without prejudice pursuant to Local Rule 5.5(c)(2).

2.

Defendants' motion for summary judgment (document #24) is denied as moot.

3.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal would not be taken in good faith.
DATED this 21st day of July, 2014.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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