Pruitt v. Craighead County Detention Center et al

Filing 29

ORDER granting 27 Defendants' Motion to Dismiss. Plaintiff's Complaint & Amended Complaint are DISMISSED without PREJUDICE under Local Rule 5.5(c)(2). Signed by Magistrate Judge Beth Deere on 9/14/09. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JAMES JERMAINE PRUITT V. C A S E NO.: 3:09CV00046 BD PLAINTIFF

C R A I G H E A D COUNTY DETENTION CENTER, et al. ORDER

DEFENDANTS

P e n d in g is Defendants' Motion to Dismiss (docket entry #27). Plaintiff has not re s p o n d e d . For the following reasons, Defendants' motion (#27) is GRANTED, and P la in tif f 's Complaint (#1) and Amended Complaint (#5) are DISMISSED WITHOUT P R E JU D IC E . O n April 10, 2009, Plaintiff James Jermaine Pruitt filed this 42 U.S.C. § 1983 a c tio n (#1) pro se. On June 10, 2009, this Court entered a Scheduling Order, which was re tu rn e d as undeliverable (#23). On July 10, 2009, this Court ordered Plaintiff to provide n o tic e of his new address within 30 days of the entry of the Order (#24). The Order (#24) n o tif ie d Plaintiff of his responsibilities under Local Rule 5.5(c)(2) and cautioned him that f a ilu re to comply with the Order could result in dismissal of his complaint. Plaintiff has f a ile d to respond to the Court's Order. D e f e n d a n ts' Motion to Dismiss requests dismissal based on Plaintiff's failure to c o m p ly with the Court's Order. Plaintiff failed to provide notice of his new address and f a ile d to respond to Defendants' Motion to Dismiss, and the time to do so has passed.

Accordingly, Defendants' motion (#27) is GRANTED. Plaintiff's Complaint (#1) a n d Amended Complaint (#5) are DISMISSED without PREJUDICE under Local Rule 5 .5 ( c ) ( 2 ). IT IS SO ORDERED this 14th day of September, 2009.

_____________________________________ U N IT E D STATES MAGISTRATE JUDGE

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