Davey v. Wright et al

Filing 3

OPINION AND ORDER dismissing case without prejudice. The Court certifies that an in forma pauperis appeal would not be taken in good faith. Signed by Judge J. Leon Holmes on 10/2/2012. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
RICKEY DAVEY
v.

PLAINTIFF
NO. 4:12CV00468 JLH/JTR

SUSAN WEBBER WRIGHT,
United States District Judge, et al.

DEFENDANTS
OPINION AND ORDER

On August 23, 2012, the Court issued an Order giving Rickey Davey thirty days to file an
amended complaint and an application to proceed in forma pauperis. Doc. #2. Importantly, the
Court advised Davey that if he failed to timely do so, this case would be dismissed pursuant to Local
Rule 5.5(c)(2), which 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.
As of today’s date, Davey has not complied with the August 23, 2012 Order, and the time for
doing so has expired.
Thus, this case is DISMISSED WITHOUT PREJUDICE. The Court CERTIFIES, pursuant
to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith.
IT IS SO ORDERED this 2nd day of October, 2012.

J. LEON HOLMES
UNITED STATED DISTRICT JUDGE