Horton et al v. U S Bank National Association et al

Filing 12

ORDER dismissing this action without prejudice; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 2/21/12. (vjt)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

PLAINTIFFS

NATAllE L. HORTON
and RANDOLPH W. MARTIN

v.

No. 4: l1CV00917 JLH

u.S. BANK NATIONAL ASSOCIATION;

MORTGAGE ELECTRONIC REGISTRATION

SYSTEMS, INC.; and DYKE, HENRY,

GOLDSHOLL, & WINZERUNG, PLC

DEFENDANTS

ORDER
This action was commenced on December 30,2011, when the plaintiffs filed their complaint.
Although they submitted a check for the filing fee, that check was returned to the Court as unpaid
due to insufficient funds. On January 12, 2012, an employee of the Court sent Mr. Martin a letter
informing him that the check had been returned and directing him to suhmit a Cashier's Check or
money order. A copy of that letter is attached hereto. Mr. Martin has not responded, and the filing
fee has never been paid.
Local Rule 5.5(c)(2) provides, in pertinent part, "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." Because the statutorily required filing fee has not been paid and because no response was
made to the direction from the Court that the filing fee must be paid, this action is dismissed without
prejudice.
IT IS SO ORDERED this 21st day of February, 2012.

J.l~f=Mif'-

UNITED STATES DISTRICT JUDGE

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS

OFFICE OF THE CLERK
600 WEST CAPITOL AVENUE
SUITE A149
LITTLE ROCK, ARKANSAS 72201-3325
JAMES W. McCORMACK
CLERK

[phone]
FAX[phone]

January 12,2012

Randolph W. Martin, II
1323 W. 12th St.
Little Rock, AR 72202
Re: Filing Fee for Case No. 4:11-CV-917-JLH
Mr. Martin:
Your check no. 991 written on December 30, 2011, in the amount of $350.00 has been returned to us
unpaid due to insufficient funds. You should contact your bank for more information regarding the check.
Please send a cashier's check or money order in the amount of $403.00 to the address shown above no
later than January 27, 2012. The $53.00 returned check charge is included in this amount.
If you have any questions, please call our Financial Administration Office at 501-604-5127.
Sincerely,

Jason Cauley
Financial Administrator
cc: Cory Wilkins
Courtroom Deputy for Judge Holmes

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