James v. Ladd et al

Filing 23

ORDER dismissing without prejudice this action. The Court declines to reach the merits of the motion for summary judgment. The Court denies all pending motions as moot and dismisses without prejudice this action for the reasons stated. Signed by Judge Kristine G. Baker on 9/1/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
BRIAN JAMES
v.

PLAINTIFF
Case No. 3:14-cv-00020-KGB

LADD, Officer, Jonesboro
Police Department; et al.

DEFENDANTS
ORDER

Plaintiff Brian James has not responded to or complied with the Court’s prior Order to
notify the Court of his current address (Dkt. No. 13). Pursuant to Rule 5.5(c)(2) of the Rules of
the United States District Courts for the Eastern and Western Districts of Arkansas, the Court
dismisses without prejudice this action (Dkt. Nos. 1, 4).
Mr. James filed suit against defendants Officer Asa Ladd and the City of Jonesboro
Police Department. The Court dismissed Mr. James’s claims against the City of Jonesboro
Police Department (Dkt. No. 12).

The Court is aware that Officer Ladd filed a motion for

summary judgment that is pending. Based on a review of the docket in this matter, it appears
that Mr. James did not receive Officer Ladd’s answer (Dkt. No. 19). The Court notes that
Officer Ladd attempted service of the motion for summary judgment on Mr. James at the same
address to which Officer Ladd sent his answer (Dkt. No. 20). As a result, Mr. James may not
have received a copy of the motion for summary judgment. For these reasons, the Court declines
to reach the merits of the motion for summary judgment. The Court denies all pending motions
as moot and dismisses without prejudice this action for the reasons stated.
SO ORDERED this the 1st day of September, 2015.
_______________________________
Kristine G. Baker
United States District Judge