Smith v. Devine

Filing 4

ORDER DISMISSING CASE without prejudice for plaintiff's failure to comply with Local Rule 5.5(c)(2) and for failure to respond to the Court's order. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 11/8/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
COURTNEY LAMONT SMITH
ADC #149926
V.

PLAINTIFF

NO: 4:11CV00703 JMM

THOMAS B. DEVINE, III

DEFENDANT
ORDER

Plaintiff Courtney Lamont Smith, an inmate at the Arkansas Department of Correction’s East
Arkansas Regional Unit, filed this pro se complaint, pursuant to 42 U.S.C. § 1983, on September
26, 2011. Plaintiff did not pay the filing fee or file an application for leave to proceed in forma
pauperis. On October 4, 2011, Plaintiff was ordered to pay the full $350.00 filing fee, or to file an
application for leave to proceed in forma pauperis (docket entry #2). That order also warned
Plaintiff that his failure to do so within 30 days would result in the dismissal of his complaint.
More than 30 days have passed, and Plaintiff has not paid the filing fee, filed an application
for leave to proceed in forma pauperis, or otherwise responded to the Court’s order. Under these
circumstances, the Court concludes that Plaintiff’s complaint should be dismissed without prejudice
for failure to comply with Local Rule 5.5(c)(2), and for failure to respond to the Court’s order. See
Miller v. Benson, 51 F.3d 166, 168 (8th Cir. 1995) (District courts have inherent power to dismiss
sua sponte a case for failure to prosecute, and exercise of that power is reviewed for abuse of
discretion).
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE for failure to comply

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with Local Rule 5.5(c)(2), and for failure to respond to the Court’s order.
2.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
DATED this

8

day of November, 2011.

UNITED STATES DISTRICT JUDGE

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