Bland v. Union Pacific Railroad

Filing 5

ORDER re 4 Order on Motion for Leave to Proceed in forma pauperis. Bland must pay the $350 filing fee, or file an IFP application by 2/27/13. The Court will dismiss this case without prejudice if he does not take these steps. Bland must also file proof of valid service or a motion to extend his time for service, showing good cause, by 2/27/13. Signed by Judge D. P. Marshall Jr. on 2/14/13. (kpr) Modified on 2/14/2013 to correct typographical error (kpr).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

EARNEST BLAND, JR.
v.

PLAINTIFF
No. 4:12-cv-579-DPM

DEFENDANT

UNION PACIFIC RAILROAD
ORDER

Bland filed a pro se complaint alleging race discrimination by Union
Pacific. Document No. 2. In September 2012, the Court denied without
prejudice his motion to proceed in forma pauperis. Document No. 4. Nothing
has happened since. If he wants to pursue this case, Bland must pay the $350
filing fee, or file an IFP application that addresses the Court's request for
details about his finances, by 27 February 2013. The Court will dismiss this
case without prejudice if he does not take one of these steps by February 27th.
There also appears to be a service problem. Bland had 120 days to serve
his complaint properly. FED. R. CIV. P. 4(m). That period ended, by the
Court's count, on 8 January 2013. Bland must therefore file proof of valid
service before 8 January 2013, or a motion to extend his time for service,
showing good cause, by February 27th. If he does not, the Court must dismiss
his complaint without prejudice. FED. R. CIV. P. 4(m).

So Ordered.

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