Barnes v. Tyler et al

Filing 7

ORDER dismissing case without prejudice pursuant to Local Rule 5.5(c)(2. 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 James M. Moody Jr. on 10/29/2014. (ks)

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

KAELICIA SHECOLE BARNES
V.

PLAINTIFF
5:14CV00299-JM-JTR

TYRA TYLER, Jail Administrator,
Dub Brassell Detention Center, et al.

DEFENDANTS
ORDER

Plaintiff, Kaelicia Shecole Barnes, brought this action alleging that her constitutional rights
had been violated. (Doc. No. 2). The Court, after review of her complaint, determined that it
required additional information to complete the screening process. (Doc. No. 4). Accordingly, on
September 10, 2014, it entered an Order directing Plaintiff to file an amended complaint within
thirty days which more clearly explained her claims against all named defendants. (Id. at 4).Plaintiff
was warned that failure to do so would result in the dismissal of her complaint, without prejudice,
pursuant to Local Rule 5.5(c)(2). (Id. at 5).1
Now, in excess of thirty days have passed and Plaintiff has failed to respond to the Court’s

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On September 18, 2014 that Order was returned as undeliverable to Plaintiff’s current
address. (Doc. No. 5). Other Court mail sent to that address was similarly returned. (Doc. No. 6).
Local Rule of the Court 5.5(c)(2), states:
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.
Loc. R. 5.5(c)(2). (Emphasis added).
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Order. Accordingly, the Court finds that this action should be dismissed, without prejudice, pursuant
to Local Rule 5.5(c)(2).
IT IS THEREFORE ORDERED THAT:
1.

This case is dismissed without prejudice pursuant to Local Rule 5.5(c)(2).

2.

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.
DATED this 29th day of October, 2014.

JAMES M. MOODY, Jr.
UNITED STATES DISTRICT JUDGE

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