Smith v. Meinzer et al
ORDER OF DISMISSAL that the complaint is dismissed without prejudice for pltf's failure to timely and properly comply with the Court's Order 9 ; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 9/5/12. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CLARENCE SMITH, JR.,
Warden, Varner Super Max Unit, et al.
ORDER OF DISMISSAL
Plaintiff, Clarence Smith, Jr., is a prisoner in the Varner Super Max Unit of the
Arkansas Department of Correction. In this pro se § 1983 action, he alleges that
Defendants violated his constitutional rights.
On July 25, 2012, the Court entered an Order giving Plaintiff thirty days to file
a Substituted Complaint containing information necessary to complete the screening
function mandated by 28 U.S.C. § 1915A. See docket entry #9. Importantly, the
Court advised Plaintiff that the failure to timely and properly do so would result in the
dismissal of his case, without prejudice, pursuant to Local Rule 5.5(c)(2).1 Id.
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
As of the date of this Order of Dismissal, Plaintiff has failed to comply with the
Court’s July 25, 2012 Order, and the time for doing so has expired.
IT IS THEREFORE ORDERED THAT:
Pursuant to Local Rule 5.5(c)(2), this case is DISMISSED, WITHOUT
PREJUDICE, due to Plaintiff’s failure to timely and properly comply with the Court’s
July 25, 2012 Order.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma
pauperis appeal from this Order of Dismissal and the accompanying Judgment would
not be taken in good faith.
Dated this 5th day of September 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
(30) days, the case may be dismissed without prejudice. Any party proceeding pro se
shall be expected to be familiar with and follow the Federal Rules of Civil Procedure.”
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