McMullan v. Mapes et al

Filing 57

ORDER in light of Plaintiff's failure to respond to the Court's 4/19/2021 Order, the Court finds that his complaint should be dismissed without prejudice for failure to prosecute. An appropriate Judgment shall accompany this Order. Signed by Judge James M. Moody Jr. on 6/7/2021. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION NATHAN ZACHARY MCMULLAN, ADC #554072 v. PLAINTIFF 3:19CV00284-JM-JTK MAPES, et al. DEFENDANTS ORDER Plaintiff has not responded to the Court’s April 19, 2021 Order directing him to notify the Court of his current address and intent to continue prosecution of this action within thirty days. (Doc. No. 55) The Court warned Plaintiff in the Order that failure to comply would result in the dismissal without prejudice of his Complaint. The copy of the Order mailed to Plaintiff at his lastknown address was returned to the Court as undeliverable on May 10, 2021. (Doc. No. 56) As of this date, Plaintiff has not corresponded with the Court since March 29, 2021. (Doc. No. 51) 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 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 light of Plaintiff=s failure to respond, the Court finds that his Complaint should be dismissed without prejudice for failure to prosecute. Accordingly, IT IS, THEREFORE, ORDERED that Plaintiff=s Complaint is DISMISSED without 1 prejudice. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 7th day of June, 2021. _________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?