Scott et al v. Mills et al
ORDER dismissing plaintiffs' claims without prejudice for failure to comply with the December 4, 2014 Court Order. The Clerk of the Court is directed to close this case. Signed by Judge J. Leon Holmes on 1/15/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ELVIN TYRONE JOEL SCOTT;
BRIAN MOORE; and DERRICK BOGAN
NO. 3:14-CV-00281 JLH/BD
LARRY MILLS, Sheriff, Poinsett County; and
JOEY MARTIN, Jail Administrator, Poinsett County
On December 1, 2014, Elvin Tyrone Joel Scott filed this lawsuit on behalf of himself,
Brian Moore, and Derrick Bogan. The complaint alleged that plaintiffs’ constitutional rights
were violated while they were housed at the Poinsett County Detention Center (“Detention
Center”). Document #2. On December 4, 2014, the Court ordered plaintiffs to file an
amended complaint within thirty days to address several problems. Document #3.
First, none of the plaintiffs had signed the complaint, so the Court instructed them to
submit a signed amended complaint within thirty days. Second, because none of the
allegations in the complaint related to Moore’s or Bogan’s constitutional claims, Moore and
Bogan were instructed to explain in the amended complaint how their constitutional rights
were violated while they were housed at the Detention Center. And third, although Scott
completed an application to proceed in forma pauperis, Moore and Bogan had not satisfied
the filing fee requirement. The Court ordered Moore and Bogan to file in forma pauperis
applications or pay a filing fee within thirty days. All plaintiffs were cautioned that their
claims could be dismissed if they did not comply with the Order.
Moore did file an application to proceed in forma pauperis, which was granted.
Document #4. The plaintiffs, however, have not submitted a signed, amended complaint.
And Bogan has neither applied to proceed in forma pauperis nor paid the filing fee.
Accordingly, plaintiffs’ claims are DISMISSED, without prejudice, for failure to
comply with the December 4, 2014 Court Order. See Local Rule 5.5. The Clerk of the Court
is directed to close this case.
IT IS SO ORDERED this 15th day of January, 2015.
UNITED STATES DISTRICT JUDGE
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