Caradine/Assabur v. Wal-Mart Inc

Filing 8

ORDER DISMISSING CASE without prejudice and denying as moot 7 MOTION for Service filed by William F Caradine/Assabur. Signed by Judge D. P. Marshall Jr. on 5/27/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION WILLIAM F. CARADINF/ASSABUR ADC # 90785 v. PLAINTIFF Case No. 4:11-cv-26-DPM DEFENDANT WAL-MART, INC. ORDER Plaintiff, William F. Caradine/Assabur, a prisoner in the Varner Super Max Unit of the Arkansas Department of Correction, has filed this pro se § 1983 action alleging violations of his constitutional rights. He has not paid the $350 filing fee or filed a motion to proceed in forma pauperis. On 2 February 2011, the Court gave Caradine/ Assabur thirty days to either pay the filing fee in full or file a fully and properly completed Application to Proceed In Forma Pauperis, along with a prisoner calculation sheet. Caradine/ Assabur instead filed an addendum, notice, and motion for service, which provide no information about his financial status. The Court advised Caradine/ Assabur that the failure to comply with this Court's order would result in the dismissal of his case, without prejudice, pursuant to Local Rule 5.5(c)(2). Document No.3, at 2-3. His case is therefore dismissed without prejudice. Local Rule 5.5(c)(2). The motion for service, Document No.7, is denied as moot. An in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. 28 U.s.C. § 1915(a)(3). So Ordered. (/ D.P. Marshall Jr. United States District Judge -2­

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