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)

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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 -2-

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