Hay et al v. Arkansas Department of Correction et al

Filing 5

ORDER re 2 Order Directing plaintiffs to either file the $350 filing fee or an application to proceed ifp. Donte Chambers is dismissed from the complaint without prejudice for his failure to prosecute. Signed by Judge D. P. Marshall Jr. on 2/21/13. (kpr)

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

DEMARICO JAMOND HAY, ADC #151513;
and DONTE CHAMBERS, ADC #118751

v.

PLAINTIFFS

No. 5:12-cv-462-DPM-JTK

ARKANSAS DEPARTMENT OF CORRECTION;
VARNER UNIT; JOE PAGE, III, Warden, Varner Unit,
ADC; KEISHAUNDRA MALONE, Captain, Varner
Unit, ADC; DARYL GARDNER, Sgt., Varner Unit,
ADC; LYNDON CORDELL ALLEN

DEFENDANTS

ORDER
On 10 January 2013, this Court directed Hay and Chambers, state
inmates at the Varner Unit of the Arkansas Department of Correction (ADC),
to pay the $350 filing fee for this action or file motions to proceed in forma
pauperis. Document No.2. The Court also warned them of Local Rule 5.5(c)(2)

and the consequences of noncompliance. Ibid. Hay filed a motion to proceed
in forma pauperis on 5 February 2013. Document No.3. Chambers has not

responded to the Court's Order. In light of his failure to prosecute, the Court

dismisses him from the complaint without prejudice.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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