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)

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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 (501)604-5127 FAX(501 )604-5325 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 CERTIFIED MAIL - RETURN RECEIPT REQUESTED

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