Carter v. Wilson

Filing 5

ORDER dismissing Carter's claims without prejudice. Signed by Judge James M. Moody Jr. on 10/30/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ROBERT CARTER
V.

PLAINTIFF
CASE NO. 3:17-cv-00256 JM

TERRY WILSON

DEFENDANT
ORDER

Plaintiff Robert Carter filed this action pursuant to 42 U.S.C. § 1983 alleging
violation of his federally protected rights. (Doc. No. 1). He did not, however, pay the $400
filing and administrative fee or file an application to proceed in forma pauperis (“IFP”).
On September 27, 2017, the Court directed Carter either to pay the filing and administrative
fees or to file a motion to proceed IFP within 30 days; Carter was cautioned that if he did
not do so, his case would be dismissed without prejudice.1 (Doc. No. 2). More than 30
days have passed, and Carter has not paid the filing fee or asked to proceed IFP. Further,
mail sent from the Court to Carter has been returned as undeliverable. (Doc. Nos. 3, 4).

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Local Rule of the Court 5.5(c)(2), provides:
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. A
party appearing for himself/herself shall sign his/her pleadings and state his/her
address, zip code, and telephone number. 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. Any party proceeding pro se shall be expected to be
familiar with and follow the Federal Rules of Civil Procedure.

LOCAL RULE 5.5(c)(2).

Carter apparently failed to notify the Court of his change in address. Accordingly, Carter’s
claims are dismissed without prejudice.
IT IS SO ORDERED this 30th day of October, 2017.

________________________________
UNITED STATES DISTRICT JUDGE

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