Wells v. Coleman et al

Filing 24

ORDER OF DISMISSAL, pursuant to Local Rule 5.5(c)(2), this case is DISMISSED, WITHOUT PREJUDICE, due to Plaintiff's failure to timely & properly comply with 14 Order entered 3/2/2012. 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 4/5/2012. (jct)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

WILLIE WELLS
V.

PLAINTIFF
3:12CV00021 JMM/JTR

COURTNEY MALONE, Detention Officer;
and DOES, Unknown Nurses,
Crittenden County Detention Facility

DEFENDANTS

ORDER OF DISMISSAL
Plaintiff, Willie Wells, was a pretrial detainee at the Crittenden County
Detention Facility (CCDF) when he commenced this pro se § 1983. See docket entry
#2. In late February of 2012, Plaintiff was released from custody without paying any
of the $350 filing fee or providing a forwarding address. See docket entry #11.
Accordingly, on March 2, 2012, the Court entered an Order giving Plaintiff
thirty days to file: (1) a freeworld In Forma Pauperis Application; and (2) a Statement
indicating that whether he wanted to continue with this lawsuit. See docket entry #14.
Importantly, the Court advised Plaintiff that the failure to timely and properly do so
would result in the dismissal of his case, without prejudice, pursuant to Local Rule
5.5(c)(2).1 Id.
1

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

As of the date of this Order of Dismissal, Plaintiff has failed to comply with the
Court’s March 2, 2012 Order, and the time for doing so has expired.2
IT IS THEREFORE ORDERED THAT:
1.

Pursuant to Local Rule 5.5(c)(2), this case is DISMISSED, WITHOUT

PREJUDICE, due to Plaintiff’s failure to timely and properly comply with the Court’s
March 2, 2012 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

5 day of April, 2012.

UNITED STATES DISTRICT JUDGE

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 plaintiff is 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.)
2

Plaintiff did not receive the March 2, 2012 Order, which was mailed to his last
known address at the CCDC. See docket entry #23. However, Plaintiff previously
received a February 3, 2012 Order explaining his obligations under Local Rule
5.5(c)(2), and the consequences if he failed to meet those obligations. See docket
entry #3.