Clark v. Hustafer et al

Filing 44

ORDER 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 39 Order. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 6/19/2013. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION DAVID M. CLARK, ADC #9300765 V. PLAINTIFF 3:13CV00012 SWW/JTR TOMMY HUSTAFER, Jailer, Greene County Detention Center, et al. DEFENDANTS ORDER Plaintiff, David M. Clark, was a prisoner in the Greene County Detention Facility when he filed this pro se § 1983. See Doc. #2. In April of 2013, Plaintiff was released from custody without paying all of the $350 filing fee or providing a forwarding address. See Doc. #37. Accordingly, on May 13, 2013, the Court entered an Order giving Plaintiff thirty days to file: (1) a freeworld In Forma Pauperis Application; and (2) a Statement indicating whether he wanted to continue with this lawsuit. See Doc. #39. 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). Id. As of the date of this Order of Dismissal, Plaintiff has failed to comply with the May 13, 2013 Order, and the time for doing so has expired.1 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 May 13, 2013 Order. 2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. Dated this 19th day of June, 2013. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 Plaintiff did not receive the May 13, 2013 Order, which was mailed to his last known address at the Greene County Detention Facility. See Doc. #43. However, Plaintiff previously received a January 29, 2013 Order explaining his obligations under Local Rule 5.5(c)(2), and the consequences of failing to comply with that rule. See Doc. #4. -2-

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