Coleman v. Hall et al

Filing 5

ORDER dismissing Plaintiff's complaint without prejudice for failure to prosecute. An appropriate Judgment shall accompany this Order. Signed by Judge J. Leon Holmes on 12/9/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MARK LEN COLEMAN
v.

PLAINTIFF
No. 3:15CV00346-JLH-JTK

MATT HALL, et al.

DEFENDANTS
ORDER

Plaintiff Coleman has not responded to the Court’s November 3, 2015 Order (Doc. No. 2) directing
him to pay the $400 filing fee for this action or file a motion to proceed in forma pauperis (“IFP”). The copy
of the November 3, 2015 Order mailed to plaintiff at his last known address was returned to the Court as
undeliverable on November 16, 2015 (Doc. No. 4). Plaintiff has not further contacted the Court since the
filing of his lawsuit on October 29, 2015.
Rule LR5.5(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 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 light of plaintiff’s failure to pay the filing fee or file an IFP motion in compliance with the
November 3, 2015 Order, his complaint should be dismissed without prejudice for failure to prosecute.
Accordingly,
IT IS, THEREFORE, ORDERED that plaintiff’s complaint is DISMISSED without prejudice for
failure to prosecute.
An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 9th day of December, 2015.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE