Caradine/Assabur v. Hubbard

Filing 7

ORDER DISMISSING CASE without prejudice for plaintiff's failure to prosecute. Signed by Judge D. P. Marshall Jr. on 4/5/12. (kpr) (Docket entry modified on 4/6/2012 to correct the file date.) (thd)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WILLIAM F. CARADINF/ASSABUR ADC # 90785 v. PLAINTIFF No.5:12-cv-74-DPM-BD CONNIE HUBBARD, Health Care Administrator, Varner Unit, ADC DEFENDANT ORDER Caradine/ Assabur, an inmate at the Varner Supermax Unit of the Arkansas Department of Correction, filed a pro se complaint under § 1983 and moved to proceed in fonna pauperis. Document Nos. 1 & 2. The Court denied Caradine/ Assabur's motion based on the "three strikes" provision of the Prison Litigation Reform Act. 28 U.s.C. § 1915(g). Barring an exception, he is no longer eligible to proceed in forma pauperis because of his litigation history. The Court thus ordered Caradine/ Assabur to pay the $350.00 statutory filing fee within thirty days. Document No.4. Caradine/ Assabur has not paid the filing fee and his thirty-day deadline passed on 23 March 2012. The Court, in its earlier order, specifically cautioned Caradine/ Assabur that his failure to pay the filing fee by the deadline would result in dismissal of his claims. Document No.4. The Court therefore dismisses Caradine/ Assabur's complaint, Document No.2, without prejudice. Local Rule 5.5(c)(2). So Ordered. D.P. Marshall Jr. United States District Judge -2­

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