McClinton v. Poinsett County Jail et al

Filing 9

ORDER dismissing this case without prejudice pursuant to Local Rule 5.5(c)(2). The Court certifies that an in forma pauperis appeal from this Order & the accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 6/22/2011. (jct)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

JONESBORO DIVISION

PLAINTIFF

CEDRIC McCLINTON

v.

Case No. 3:11-cv-52-DPM

POINSETT COUNTY JAIL
and LARRY MILLS

DEFENDANTS
ORDER

On 17 March 2011, Plaintiff Cedric McClinton filed a pro se § 1983
complaint alleging that Defendants violated his constitutional rights.

Document No.2.

McClinton was then confined in the Poinsett County

Detention Center. Soon thereafter, he was released from custody, and he has
not provided the Court with a forwarding address.
As a consequence, McClinton has not received the 5 April 2011 Order
giving him thirty days to file an amended complaint containing information
necessary to complete the screening mandated by 28 U.S.C. § 1915A.

Document Nos. 3 & 5. And he has not received the 14 April 2011 Order
directing him to either pay the $350 filing fee or file a freeworld application
to proceed in forma pauperis. Document Nos. 6 & 8.

Local Rule 5.5(c)(2) 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
plaintiffis 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.
(Emphasis added.)
This case cannot remain open if the Court has no ability to communicate
with McClinton and he does not make arrangements to pay the filing fee.
This case is therefore dismissed without prejudice pursuant to Local Rule
5.5(c)(2). The Court certifies that an in forma pauperis appeal from this Order
and the accompanying Judgment would not be taken in good faith. 28 U.S.C.
§ 1915(a)(3).

So Ordered.

D.P. Marshall Jr.

United States District Judge

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