Avance v. Elkins et al

Filing 7

ORDER dismissing, without prejudice, 2 Complaint; and certifying an in forma pauperis appeal is considered frivolous and not in good faith. Signed by Judge James M. Moody Jr. on 01/06/2025. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
TOMMY AVANCE
# 24-355
v.

PLAINTIFF
Case No. 4:24-CV-00965-JM-JTK

DARELL ELKINS, et al.

DEFENDANTS
ORDER

Tommy Avance (“Plaintiff”) has not responded to the Court’s November 18, 2024, Order
directing him to file an Amended Complaint within 30 days. (Doc. No. 4). The Court warned
Plaintiff that his failure to do so would result in the dismissal of his Complaint without prejudice.
(Id.). And mail sent to Plaintiff at his address of record is being returned as undeliverable. (Doc.
No. 5, 6).
Rule 5.5(c)(2) of the Local Rules of the United States District Courts for the Eastern and
Western Districts of Arkansas provides as follows:
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 . .
. . 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 Plaintiff has failed to respond, his Complaint is DISMISSED without prejudice
for failure to prosecute. The Court certifies that an in forma pauperis appeal is considered
frivolous and not in good faith.
IT IS SO ORDERED this 6th day of January, 2025.

_________________________________
UNITED STATES DISTRICT JUDGE