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)

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

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