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)

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

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