Suber v. Farmer et al

Filing 8

ORDER DISMISSING CASE without prejudice. Signed by Judge James M. Moody on 1/5/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES SUBER, JR.

PLAINTIFF

VS.

5:11CV00305 JMM

AINSWORTH PET NUTRITION

DEFENDANT

ORDER
By Order dated November 30, 2011, this Court provisionally granted Plaintiff’s
Motion to Proceed In Forma Pauperis in this action. (Doc. No. 4). However, finding
Plaintiff’s Complaint failed to provide facts which state a claim for employment
discrimination in violation of Title VII, the Court directed Plaintiff to file an Amended
Complaint on or before December 27, 20111. The Court further advised Plaintiff that failure
to file such in accordance with the Court’s directions would result in the dismissal of his
complaint. As of this date, Plaintiff has not filed an Amended Complaint.
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. . . .
In light of Plaintiff’s failure to respond to this Court's December 5, 2011 Order, the
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Order entered December 5, 2011, docket # 6.

Court will dismiss the Complaint without prejudice. Accordingly,
IT IS, THEREFORE, ORDERED that this Complaint is DISMISSED without
prejudice.
An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 5th day of January, 2012.

______________ ______________________
JAMES M. MOODY
UNITED STATES DISTRICT JUDGE

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