Conner v. Doe et al

Filing 64

MEMORANDUM AND ORDER dismissing Complaint w/o prejudice for failure to respond to 59 Order; an appropriate Judgment will accompany this Memorandum and Order. Signed by Judge William R. Wilson, Jr on 12/10/08. (mkf)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MARK CONNER, ADC #114272 v. JANE DOE, et al. MEMORANDUM AND ORDER Following receipt of returned mail sent to Plaintiff at his last-known address, this Court directed Plaintiff, by Order dated October 21, 2008, to notify the Court of his current address and his intent to continue prosecution of this action, within thirty days of the date of the Order (Doc. No. 59). The Court further advised Plaintiff that failure to file such in accordance with the Court's directions would result in the dismissal without prejudice of his complaint. The copy of the Order, which was mailed to Plaintiff at his last-known address, was returned to Sender on October 30, 2008. As of this date, Plaintiff has not provided the Court with notice of a change in his address, and he has not corresponded with the Court. Rule LR5.5(c)(2) of the 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. . . . 5:07-CV-00170-WRW-HLJ DEFENDANTS PLAINTIFF -1- In light of Plaintiff's failure to respond to this Court's October 21, 2008 Order, the Court will dismiss the complaint without prejudice. Accordingly, this complaint is DISMISSED without prejudice. An appropriate Judgment will accompany this Memorandum and Order. IT IS SO ORDERED this 10th day of December, 2008. /s/ Wm. R. Wilson, Jr._____________ UNITED STATES DISTRICT JUDGE -2-

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