Cantrell v. Hudson et al

Filing 64

ORDER approving and adopting in all respects 55 Recommended Disposition; granting 25 Defendants' Motion for Summary Judgment; dismissing Mr. Cantrell's claims, without prejudice; and, denying as moot all pending motions. Signed by Judge James M. Moody on 9/25/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

KAMEON V ANKEIS AARON,
ADC #129521

v.

PLAINTIFF

5:12-cv-181-DPM-JTR

KAREN HOLMAN,
Delta Regional Unit, ADC, et al.

DEFENDANTS

ORDER

Aaron has filed a pro se § 1983 complaint alleging that Defendants
violated his constitutional rights. Document No.2. When he filed, Aaron was
a prisoner in the Arkansas Department of Correction. In August 2012, he was
released on parole without providing the Court or the Defendants with a
forwarding address. Document No. 21.
As a consequence, Aaron has not received the 22 August 2012 Order
directing him to file a statement indicating whether he wants to continue
with this lawsuit and an amended application to proceed in forma pauperis.
Document No. 22.

Local Rule 5.5(c)(2) 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 prose shall be expected to be familiar with
and follow the Federal Rules of Civil Procedure.
(Emphasis added).
The case cannot remain open if the Court and Defendants cannot get in
touch with Aaron.

Further, Aaron has previously received an order

explaining his obligations under Local Rule 5.5(c)(2). Document No.4.
The case is therefore dismissed without prejudice pursuant to Local
Rule 5.5(c)(2). An in forma pauperis appeal would not be taken in good faith.
28 U.S.C. § 1915(a)(3). Defendants' motion for order that plaintiff update his
mailing address, Document No. 35, is denied as moot.
So Ordered.

D.P. Marshall Jr. t/
United States District Judge

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