Hanson v. Craighead County Detention Center et al

Filing 46

ORDER OF DISMISSAL, without prejudice, due to Plaintiff's failure to timely & properly comply with the Court's 7/21/09 Order. The Court CERTIFIES, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal from this Order of Dismissal & the accompanying Judgment would not be taken in good faith. Signed by Magistrate Judge J. Thomas Ray on 8/24/09. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION RICHARD MICHAEL HANSON V. 3:09CV00032 JTR PLAINTIFF

STEVEN METCALF, Director of Medical; Craighead County Detention Center, et al.

DEFENDANTS

ORDER OF DISMISSAL1 Plaintiff commenced this pro se § 1983 action while he was confined in the Craighead County Detention Facility in Jonesboro, Arkansas. See docket entry #2. Soon thereafter, he was transferred to the Monitaeu County Detention Center ("MCDC") in California, Missouri. See docket entry #11. On July 6 and 9, 2009, mail addressed to Plaintiff at the MCDC was returned as undeliverable with a notation that Plaintiff had been released from custody. See docket entries #41 and #42. On July 21, 2009, the Court issued an Order directing Plaintiff to file a freeworld Application to Proceed In Forma Pauperis and a Statement indicating whether he wished to continue with this action. See docket entry #43. Importantly, the Court reminded Plaintiff that, if he failed to timely and properly do so, his case would be dismissed, without prejudice, pursuant to Local Rule

On June 22, 2009, the parties consented to proceed before a United States Magistrate Judge. See docket entry #37. -1-

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5.5(c)(2).2 Id. As of the date of this Order of Dismissal, Plaintiff has failed to comply with the July 21, 2009 Order, and the time for doing so has expired. IT IS THEREFORE ORDERED THAT: 1. This case is DISMISSED, WITHOUT PREJUDICE, due to Plaintiff's failure to

timely and properly comply with the Court's July 21, 2009 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 24th day of August, 2009.

UNITED STATES MAGISTRATE JUDGE

The July 21, 2009 Order was returned to the Court as undeliverable. See docket entry #45. However, Plaintiff has previously received an Order informing him of his Local Rule 5.5(c)(2) obligations to: (1) "promptly" notify the Court of any changes in his address; (2) monitor and "diligently" prosecute his case and (2) respond to all Court orders within thirty days to avoid a dismissal, without prejudice. See docket entry #2 at n.1. -2-

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