Womack v. Bell et al

Filing 23

ORDER directing the Clerk to send to plaintiff a freeworld application to proceed ifp and directing the plaintiff to file, within 30 days of the entry of this Order, a statement indicating whether he would like to proceed with this action; and a properly completed Application to Proceed ifp. Signed by Magistrate Judge J. Thomas Ray on 3/18/11. (kpr)

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Womack v. Bell et al Doc. 23 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CURLY LEE WOMACK ADC #100281 V. JESSICA BELL, Deputy Jailer, Pulaski County Detention Center 4:10CV00533 JTR PLAINTIFF DEFENDANT ORDER Plaintiff, Curly Lee Womack, has commenced this pro se 1983 action alleging that Defendant Jessica Bell used excessive force against him while he was confined in the Pulaski County Detention Center. See docket entries #2 and #5. On March 2, 2011, the Court entered a Scheduling Order setting this case for a consent, nonjury trial on August 9, 2011. See docket entry #20. On March 9, 2011, the Scheduling Order was returned to the Court as undeliverable because Plaintiff has been released from the Arkansas Department of Correction. See docket entry #22. Plaintiff has not provided the Court with a forwarding address, despite the fact that he has previously been advised that he must keep the Court apprised of his current mailing address. See docket entry #3. Additionally, the Court's records demonstrate that Plaintiff owes $308.47 of the $350 filing fee. In light of his recent release, it is unclear whether Plaintiff is still entitled to proceed in forma pauperis. IT IS THEREFORE ORDERED THAT: 1. Pauperis. The Clerk is directed to mail Plaintiff a freeworld Application to Proceed In Forma Dockets.Justia.com 2. Plaintiff shall, within thirty days of the entry of this Order, file: (a) a Statement indicating whether he would like to proceed with this action; and (b) a properly completed Application to Proceed In Forma Pauperis. 3. Plaintiff is advised that if he fails to timely and properly do so, the August 9, 2011 trial will be canceled, and this case will be dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2). Dated this 18th day of March, 2011. UNITED STATES MAGISTRATE JUDGE -2-

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