Gray v. Warren et al

Filing 8

ORDER dismissing this case without prejudice due to a lack of prosecution. It is certified that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 07/02/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RUBBY JAMES GRAY,
ADC #500127
v.

PLAINTIFF
CASE NO. 5:14CV00117 BSM

WILLIAM WARDEN,
Doctor, Cummins Unit, ADC, et al.

DEFENDANTS
ORDER

This case is dismissed without prejudice for failure to prosecute. On May 9, 2014,
plaintiff Rubby James Gray was ordered to file a substituted complaint within thirty days.
[Doc. No. 6]. Gray was advised that if he failed to do so, his case would be dismissed for
failure to prosecute. Gray did not receive a copy of the May 9, 2014, order because it was
returned as undeliverable, indicating that he was paroled from the ADC. [Doc. No. 7]. Since
that time, Gray has not provided a current address or otherwise attempted to prosecute this
case. See L.R. 5.5(c)(2); Fed. R. Civ. P. 41(b).
Accordingly, this case is dismissed without prejudice due to a lack of prosecution. It
is certified that an in forma pauperis appeal would not be taken in good faith. 28 U.S.C. §
1915(a)(3).
IT IS SO ORDERED this 2nd day of July 2014.

_________________________________
UNITED STATES DISTRICT JUDGE