Miller v. Roberts et al

Filing 10

JUDGMENT: case dismissed without prejudice for failure to prosecute and failure to obey court orders. Signed by Honorable Susan O. Hickey on August 3, 2017. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
LONNIE LYNN MILLER
v.

PLAINTIFF
Civil No. 1:17-cv-01030

SHERIFF RICKY ROBERTS;
LIEUTENANT KEVIN PENDLETON;
CAPTAIN RICHARD MITCHAM;
LIEUTENANT STEVE GREEN; and
JOHN DOE, Agents and Supervisors

DEFENDANTS

JUDGMENT
This is a civil rights action filed by the Plaintiff Lonnie Lynn Miller pursuant to 42 U.S.C.§
1983. Plaintiff proceeds pro se and in forma pauperis.
When he filed this action, Plaintiff was incarcerated in the Union County Criminal Justice
Facility. Plaintiff was advised that he had the obligation to immediately notify the Court of any
changes in his address (ECF No. 3). Additionally, Rule 5.5(c)(2) of the Local Rules for the Eastern
and Western Districts of Arkansas requires parties appearing pro se to promptly notify the Clerk
and other parties of any change is his address, to monitor the case, and to prosecute or defend the
action diligently.
On May 18, 2017, an order (ECF No. 7) was entered directing the Plaintiff to file an
addendum to his complaint by June 5, 2017. On June 12, 2017, the order was returned as
undeliverable with the notation that Plaintiff was no longer at the facility. On June 12, 2017, an
order to show cause (ECF No. 9) was entered giving the Plaintiff until July 3, 2017, to show cause
why the case should not be dismissed based on his failure to keep the Court informed of his current
address.
The show cause order has not been returned as undeliverable. Plaintiff has not responded
to the show cause order. Plaintiff has not communicated with the Court in anyway.

IT IS CONSIDERED, ORDERED, and ADJUDGED that the Complaint is DISMISSED
WITHOUT PREJUDICE based on Plaintiff’s failure to prosecute this case, his failure to obey the
order of the Court, and his failure to comply with Local Rule 5.5(c)(2). Fed. R. Civ. P. 41(b).
IT IS SO ADJUDGED this 3rd day of August 2017.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge