Renfroe v. Duvall et al

Filing 23

ORDER granting 21 Motion to Dismiss and dismissing the case without prejudice. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Magistrate Judge J. Thomas Ray on 8/9/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION VERNON RENFROE, ADC #148435 V. PLAINTIFF 4:10CV01442 JTR AARON DUVALL, Sheriff of Pope County; and CHRISTOPHER BROWNLOW, Officer, Pope County Jail DEFENDANTS ORDER OF DISMISSAL1 On October 4, 2010, Plaintiff Vernon Renfroe commenced this pro se § 1983 action alleging that Defendants violated his constitutional rights. See docket entry #2. At that time, Plaintiff was a prisoner in the Arkansas Department of Correction (“ADC”). On July 1, 2011, Defendants filed a Notice stating that they were unable to conduct discovery because Plaintiff had been released from the ADC without providing them, or the Court, with a forwarding address. See docket entry #17. Accordingly, on July 6, 2011, the Court issued an Order directing Plaintiff to file, within thirty days, a Statement indicating whether he wished to continue with this 1 On April 1, 2011, the parties consented to proceed before a United States Magistrate Judge. See docket entry #15. lawsuit and a freeworld Application to Proceed In Forma Pauperis. See docket entry #18. Importantly, the Court advised Plaintiff that if he failed to timely and properly do so, this case would be dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2). Id. Defendants have filed a Motion and Brief arguing that this case should be dismissed, without prejudice, because Plaintiff has failed to comply with the July 6, 2011 Order, and the time for doing so has expired. See docket entries #21 and #22. The Court finds good cause for granting the Motion. IT IS THEREFORE ORDERED THAT: 1. Defendants’ Motion to Dismiss (docket entry #21) is GRANTED, and this case is DISMISSED, WITHOUT PREJUDICE. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order of Dismissal and the accompanying Judgment would not be taken in good faith. Dated this 9th day of August, 2011. UNITED STATES MAGISTRATE JUDGE -2-

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