Rhea v. Bryant et al

Filing 17

ORDER finding as moot 6 Partial Report and Recommendations. This case is dismissed without prejudice pursuant to Local Rule 5.5(c)(2). Signed by Judge Kristine G. Baker on 2/1/2013. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BILLY WAYNE RHEA
v.

PLAINTIFF
CASE NO. 4:12CV00562-KGB/BD

NANCY BRYANT, et al.

DEFENDANTS
ORDER

Before the Court is the Partial Recommended Disposition (“PRD”) filed by United States
Magistrate Judge Beth Deere (Dkt. No. 6). By Order dated October 17, 2012, this Court
determined that the PRD was not sent to plaintiff Billy Wayne Rhea at his most recent address
(Dkt. No. 11). Subsequent attempts by the Clerk of Court to mail the PRD and the October 17,
2012, Order failed; the mailings were returned as undeliverable (Dkt. Nos. 12, 13, 14). By Order
dated November 1, 2012, Judge Deere directed Mr. Rhea to inform the Court of his new address
and warned Mr. Rhea that failure to comply with the Order may result in dismissal without
prejudice of the case under Local Rule 5.5(c)(2) (Dkt. No. 15). The Clerk of Court attempted to
mail the November 1, 2012, Order to Mr. Rhea, but it too was returned as undeliverable (Dkt.
No. 16). To date, Mr. Rhea has not responded to the Court’s Orders to provide the Court with
his current address and has not otherwise communicated with the Court about the status of this
case.
For these reasons, this case is dismissed without prejudice pursuant to Local Rule
5.5(c)(2). The PRD is moot. Judgment will be entered accordingly.
SO ORDERED this the 1st day of February, 2013.

____________________________________
Kristine G. Baker
United States District Judge