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)

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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. ยง 1915(a)(3). IT IS SO ORDERED this 2nd day of July 2014. _________________________________ UNITED STATES DISTRICT JUDGE

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