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)

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
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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

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