LeFors v. Boyd et al

Filing 35

ORDER dismissing 2 LeFors's complaint without prejudice. Signed by Judge James M. Moody Jr. on 06/07/2021. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
HERMAN H. LEFORS JR.
ADC #138743
v.
No: 3:20-cv-00373 JM-PSH
MARTY BOYD, et al.

ORDER

PLAINTIFF

DEFENDANTS

Plaintiff Herman H. LeFors Jr. filed a pro se complaint, pursuant to 42 U.S.C. § 1983, on
November 17, 2020 (Doc. No. 2), and was granted leave to proceed in forma pauperis (IFP)
pursuant to 28 U.S.C. § 1915(a) (Doc. No. 4). LeFors has notified the Court of a new free-world
address indicating that he has been released from custody. See Doc. Nos. 26 & 31. On April 23,
2021, the Court ordered LeFors to submit the remainder of the $350.00 filing fee or file a fully
completed and signed IFP application reflecting his free-world financial status within 30 days. See
Doc. No. 27. LeFors was cautioned that failure to comply with the Court’s order within that time
would result in the dismissal of his case, without prejudice, pursuant to Local Rule 5.5(c)(2).
More than 30 days have passed, and LeFors has not complied or otherwise responded to
the April 23 order. Accordingly, the Court finds that this action should be dismissed without
prejudice for failure to comply with Local Rule 5.5(c)(2) and failure to respond to the Court’s
orders. See Miller v. Benson, 51 F.3d 166, 168 (8th Cir. 1995) (District courts have inherent power
to dismiss sua sponte a case for failure to prosecute, and exercise of that power is reviewed for
abuse of discretion).
IT IS THEREFORE ORDERED THAT LeFors’s complaint (Doc. No. 2) is DISMISSED
WITHOUT PREJUDICE.
DATED this 7th day of June, 2021.

UNITED STATES DISTRICT JUDGE