Heard et al v. Bolden et al
ORDER DISMISSING CASE because the Court and defts cannot get in touch with plaintiff. Signed by Judge D. P. Marshall Jr. on 1/10/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WILLIE A. HEARD, JR,
TYLER, Major, and
Brassell Detention Center
Heard has filed this pro se § 1983 action alleging that Defendants
violated his constitutional rights. When he filed, Heard was a pretrial
detainee in the Brassell Detention Center.
Sometime thereafter, he was
released from custody but he did not leave a forwarding address. Document
Nos. 5, 6, and 7.
Heard has therefore not received the 21 November 2012 Order that
struck his original complaint from the record and directed him to file a
substituted complaint. Document No. 3.
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 pro se shall be expected to be familiar with
and follow the Federal Rules of Civil Procedure.
This case cannot remain open if the Court and Defendants cannot get
in touch with Heard. Further, as it now stands, there is not a valid complaint
of record. This 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).
D.P. Marshall Jr.
United States District Judge
10 January 2013
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