Buckley v. Richards

Filing 8

ORDER OF DISMISSAL, pltf's complaint is DISMISSED WITHOUT PREJUDICE for failure to timely and properly comply with the Court's October 6, 2011 Order 3 ; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 11/10/11. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION EARNEST BUCKLEY, ADC #130278 v. PLAINTIFF No. 4:11CV00722 JLH/JTR RICHARDS, Sergeant, Saline County Detention Center DEFENDANT ORDER OF DISMISSAL Plaintiff, Earnest Buckley, is a prisoner in the Cummins Unit of the Arkansas Department of Correction. In this pro se § 1983 action, he alleges that Defendant Sergeant Richards violated his constitutional rights. See docket entry #2. On October 6, 2011, the Court entered an Order giving Plaintiff thirty days to file an Amended Complaint containing information necessary to complete the screening function mandated by 28 U.S.C. § 1915A. See docket entry #3. Importantly, the Court advised Plaintiff that the failure to timely and properly do so would result in the dismissal of his case, without prejudice, pursuant to Local Rule 5.5(c)(2).1 Id. As of the date of this Order of Dismissal, Plaintiff has failed to comply with the Court’s October 6, 2011 Order, and the time for doing so has expired. 1 Local Rule 5.5(c)(2) provides that: “It is the duty of any party not represented by counsel to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. A party appearing for himself/herself shall sign his/her pleadings and state his/her address, zip code, and telephone number. If any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure.” (Emphasis added.) IT IS THEREFORE ORDERED THAT: 1. Pursuant to Local Rule 5.5(c)(2), this case is DISMISSED, WITHOUT PREJUDICE, due to Plaintiff’s failure to timely and properly comply with the Court’s October 6, 2011 Order. 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 10th day of November, 2011. UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?