Roberts v. McCullean

Filing 8

ORDER directing the Clerk to send Petitioner a (freeworld) Amended Application to Proceed In Forma Pauperis; pltf shall file, within 30 days of the entry of this Order, a Statement indicating whether he wishes to continue with this lawsuit, and (b) an Amended IFP Application. Signed by Judge Brian S. Miller on 6/25/09. (mkf)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MONTONIO M. ROBERTS V. J. MCMULLEN, Police Officer, North Little Rock Police Department 4:09CV00076 BSM PLAINTIFF DEFENDANT ORDE R On February 2, 2009, Plaintiff filed a pro se 1983 Complaint alleging that Defendant North Little Rock Police Officer J. McMullen used excessive force against him during his December 3, 2009 arrest. See docket entries #2 and #3. When Plaintiff filed his Complaint, he was confined in the Pulaski County Detention Center. Id. On February 13, 2009, the Court granted Plaintiff permission to proceed in forma pauperis and ordered service upon Defendant McMullen. See docket entry #4. Service has since been returned as unexecuted because Defendant McMullen no longer works for the North Little Rock Police Department. See docket entry #7. Similarly, a copy of the February 13, 2009 Order that was sent to Plaintiff at the Pulaski County Detention Center was returned as undeliverable because he was released from that facility sometime in February of 2009. See docket entry #6. Finally, Plaintiff has not provided the Court with a forwarding address. It is unclear whether Plaintiff remains interested in pursuing this action and, if so, whether he is still entitled to proceed in forma pauperis.1 Accordingly, the Court will give Plaintiff thirty The Court's records demonstrate that no funds have been collected towards the payment of the $350 filing fee in this action. 1 days to file: (1) a Statement indicating whether he wishes to continue with this action; and (2) an Amended (freeworld) Application to Proceed In Forma Pauperis. IT IS THEREFORE ORDERED THAT: 1. The Clerk of the Court is directed to send Petitioner a (freeworld) Amended Application to Proceed In Forma Pauperis. 2. Plaintiff shall file, within thirty days of the entry of this Order: (a) a Statement indicating whether he wishes to continue with this lawsuit; and (b) an Amended Application to Proceed In Forma Pauperis. 3. Plaintiff is reminded that the failure to timely and properly comply with Order will result in the dismissal of this case, without prejudice, pursuant to Local Rule 5.5(c)(2). Dated this 25th day of June, 2009 UNITED STATES DISTRICT JUDGE -2-

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