Martin v. Daniels et al
ORDER dismissing without prejudice Mr. Martin's 2 claims for failure to prosecute. Signed by Judge Kristine G. Baker on 1/19/2023. (jbh)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BRENT TERRELL MARTIN, SR.
Case No. 2:21-cv-00107-KGB
BENNIE DANIELS, et al.
Before the Court is the status of this case. On August 18, 2022, this Court granted plaintiff
Brent Terrell Martin’s motion to proceed in forma pauperis and ordered service of Mr. Martin’s
complaint on defendants Bennie Daniels, Lionell Moss, and Jamal Henry (Dkt. No. 4, at 4). The
copy of the Court’s August 18, 2022, Order, sent to Mr. Martin was returned undeliverable (Dkt.
No. 5). As a result, on December 16, 2022, this Court entered a show cause Order to require Mr.
Martin to show cause no later than January 16, 2023, as to why this case should not be dismissed
(Dkt. No. 9). The Court notified Mr. Martin that failure to submit the requested status update by
January 16, 2023, would result in the dismissal without prejudice of this case (Id.).
As of the date of this Order, Mr. Martin has not complied with the Court’s December 16,
2022, Order, and the time for doing so has passed. See Local Rule 5.5 of the Eastern and Western
Districts of Arkansas (“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.”). Accordingly, the Court
dismisses without prejudice Mr. Martin’s claims for failure to prosecute (Dkt. No. 2).
It is so ordered this 19th day of January, 2023.
Kristine G. Baker
United States District Judge
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