Waters v. Felts et al

Filing 10

ORDER DISMISSING CASE without prejudice. Mr. Waters' motion to dismiss 6 is denied as moot. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 10/15/13. (kpr)

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

BRANDON WATERS,
ADC #148641
V.

PLAINTIFF
Case No. 5:13-cv-145 KGB/JTR

JOHN FELTS,
Chairman of the Parole Board, et al.

DEFENDANTS

ORDER
On August 19, 2013, the Court ordered Brandon Waters to file, on or before September 16,
2013, a statement clarifying whether he wanted to dismiss all or part of the claims raised in his
complaint (Dkt. No. 8). Importantly, the Court reminded Mr. Waters that, if he failed to timely do
so, this case would be dismissed pursuant to Local Rule 5.5(c)(2), which 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.
The August 19, 2013 Order was returned undelivered because Mr. Waters was released on
parole without providing a current mailing address (Dkt. No. 9). Mr. Waters has previously received
an Order explaining the importance of providing the Court with a current mailing address, timely
complying with Court orders, and the consequences of failing to do so (Dkt. No. 3).
Thus, the case is dismissed without prejudice, pursuant to Local Rule 5.5(c)(2). Mr. Water's
motion to dismiss (Dkt. No. 6) is denied as moot. The Court certifies, pursuant to 28 U.S.C. §

1915(a)(3), that an in forma pauperis appeal would not be taken in good faith.
SO ORDERED this 15th day of October, 2013.

Kristine G. Baker
United States District Judge

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