Coleman v. Busby et al

Filing 26

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 Judge James M. Moody on 9/21/09. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION WILLIE COLEMAN V. RICHARD BUSBY, Sheriff of Crittenden County, et al. 3:09CV00067 JMM/JTR DEFENDANTS PLAINTIFF

ORDER OF DISMISSAL Plaintiff commenced this pro se § 1983 action while he was confined in the Crittenden County Detention Facility ("CCDF"). See docket entry #2. On July 13 and 20, 2009, mail

addressed to Plaintiff at the CCDF was returned as undeliverable because he had been released from custody. See docket entries #21 and #24. 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 #22. 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 5.5(c)(2).1 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.

The July 21, 2009 Order was returned to the Court as undeliverable. See docket entry #25. 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 #4 at n.1. -1-

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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 21st day of September, 2009.

UNITED STATES DISTRICT JUDGE

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