Gibbs v. Glenn et al

Filing 21

ORDER adopting 20 Recommendation as this Court's findings in its entirety. This case is dismissed without prejudice due to a lack of prosecution. Gibbs's 5 application to proceed in forma pauperis is denied as moot. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 4/26/2021. (jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
EDDIE GIBBS
V.

PLAINTIFF
No. 3:20-CV-00347-JM-JTR

GLENN, Sergeant,
Greene County Detention Facility, et al.

DEFENDANTS
ORDER

The Court has received a Recommendation for the dismissal of Mr. Gibbs’ claims
filed by Magistrate Judge J. Thomas Ray. Mr. Gibbs has not filed objections. After
careful review of the Recommendation, the Court concludes that the Recommendation
should be, and hereby is, approved and adopted as this Court’s findings in its entirety.
Plaintiff Eddie Gibbs has not complied with the February 22, 2021 Order directing him to
pay the filing fee in full or file an updated application to proceed in forma pauperis. Doc. 17. The
time to do so has expired. Mail sent to Gibbs at his address of record in Paragould, Arkansas has
been returned as undeliverable, with no forwarding address. Docs. 18 & 19.
Therefore, this case is dismissed without prejudice due to a lack of prosecution. Fed. R.
Civ. P. 41 (b); Local Rule 5.5(c)(2). Gibbs’s application to proceed in forma pauperis (Doc. 5) is
denied as moot. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal
from this Order would not be taken in good faith.
IT IS SO ORDERED this 26th day of April, 2021.

________________________________
UNITED STATES DISTRICT JUDGE