Scott v. Dean et al

Filing 6

ORDER dismissing 2 Complaint without prejudice for failure to prosecute. An appropriate Judgment shall accompany this Memorandum and Order. Signed by Judge Kristine G. Baker on 9/3/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DOUGLAS ANTHONY SCOTT,
ADC #107597
v.

PLAINTIFF

Case No. 3:13CV00136-KGB

CATHERINE DEAN, et al.

DEFENDANTS
OPINION AND ORDER

By Order dated June 4, 2013, this Court denied plaintiff Douglas Anthony Scott’s motion
to proceed in forma pauperis in this action filed pursuant to 42 U.S.C. § 1983 and directed Mr.
Scott to submit the statutory filing fee or a corrected in forma pauperis motion within 30 days of
the date of the Order (Dkt. No. 4). The Court further notified Mr. Scott that failure to provide
such would result in the dismissal without prejudice of this action (Dkt. No. 4). As of this date,
Mr. Scott has not paid the statutory filing fee, filed a corrected in forma pauperis motion, or
otherwise corresponded with the Court.
Local Rule 5.5(c)(2) of the Rules of the United States District Courts for the Eastern and
Western Districts of Arkansas provides as follows:
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 . . . . 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. . . .
In the light of Mr. Scott’s failure to respond to the Court=s June 4, 2013 Order or otherwise
communicate with the Court, the Court finds that his complaint should be dismissed without
prejudice for failure to prosecute.

Accordingly, it is ordered that Mr. Scott’s complaint against defendants is dismissed
without prejudice for failure to prosecute.
An appropriate Judgment shall accompany this Memorandum and Order.
IT IS SO ORDERED this 3rd day of September, 2013.

_________________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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