Morehead v. Wood et al

Filing 33

ORDER dismissing case with prejudice for failure to obey an order of the Court and failure to prosecute case. Signed by Honorable Susan O. Hickey on January 7, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
WALTER V. MOREHEAD
v.

PLAINTIFF
Case No. 1:13-CV-01077

JAILER DOUG WOOD; SHERIFF
DAVID NORWOOD; and JAIL
ADMINISTRATOR NATHAN GREELEY

DEFENDANTS
ORDER

This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. § 1983. The Plaintiff
proceeds pro se and in forma pauperis.
When Plaintiff filed this case on October 21, 2013, he was incarcerated in the Ouachita
County Detention Center (ECF No. 1). Plaintiff was specifically advised that he had the obligation
to inform the Court immediately of any changes in his address (ECF No. 3).
On December 27, 2013, mail was returned to this Court as undeliverable with the notation
that Plaintiff was no longer incarcerated at that facility. Plaintiff did not provide the Court with a
change of address. On January 16, 2014, the Court obtained the Plaintiff’s home address from the
detention center and entered a change of address on Plaintiff’s behalf (ECF No. 14). Plaintiff was
reminded that it was his obligation to keep the Court informed of his current address at all times
(ECF No. 14).
In October of 2014, Defendants advised the Court that the Plaintiff was once again
incarcerated in the Ouachita County Detention Center (ECF No. 19). A change of address was again
entered on the Plaintiff’s behalf (ECF No. 19). Plaintiff was advised that future failures to keep the
Court informed of his current address would result in the dismissal of this case.
By order entered on September 1, 2015, this case was set for a summary judgment hearing

on Wednesday, October 14, 2015 (ECF No. 24). A writ was issued to ensure Plaintiff’s attendance
at the hearing (ECF No. 26).
On October 7, 2015, mail was again returned to the Court with a notation that Plaintiff was
no longer incarcerated in the Ouachita County Detention Center. The hearing was cancelled.
Thereafter, the Court discovered that the Plaintiff had been transferred to the Arkansas
Department of Correction, Tucker Unit. A change of address (ECF No. 30) was entered on the
Plaintiff’s behalf.
On November 5, 2015, a show cause order (ECF No. 31) was entered. Plaintiff was given
until November 25, 2015, to show cause why he failed to keep the Court informed of his current
mailing address. Plaintiff was advised that failure to respond to the order would subject the case to
dismissal.
Plaintiff has not responded to the show cause order. He has not communicated with the
Court in any way. The show cause order has not been returned as undeliverable. Pursuant to Rule
41(b) of the Federal Rules of Civil Procedure, this case is DISMISSED WITH PREJUDICE for
failure to obey an order of the Court and failure to prosecute this case.
IT IS SO ORDERED, this 7th day of January, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge