Miles, Jr. v. Jones et al
Filing
19
OPINION AND ORDER granting 16 MOTION to Dismiss filed by Kenny Smith, Larry Jones, Greg Donaldson. This case is DISMISSED WITHOUT PREJUDICE for failure to prosecute this action and failure to obey the orders of the Court. Fed. R. Civ. P. 41(b). Signed by Honorable P. K. Holmes, III on April 18, 2018. (mjm)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DAVID WAYNE MILES, JR.
v.
PLAINTIFF
Civil No. 2:17-cv-02215
Civil No. 2:17-cv-02218
SHERIFF LARRY JONES; CAPTAIN
GREG DONALDSON; LIEUTENANT
KENNY SMITH; JOHN OR JANE DOE
MEDICAL STAFF
DEFENDANTS
OPINION AND ORDER
These two consolidated civil rights cases were filed by the Plaintiff under the provisions
of 42 U.S.C. § 1983. Plaintiff proceeds in forma pauperis and pro se. At the times at issue in this
case, Plaintiff was incarcerated in the Johnson County Detention Center.
On December 6, 2017 (ECF No. 6), Plaintiff notified the Court of a change of address to
the Arkansas County Jail. On March 14, 2018, mail sent by the Court to the Plaintiff at the
Arkansas County Jail was returned as undeliverable.
When filing this case, Plaintiff was
specifically advised that he was required to immediately inform the Court of any changes in his
address. The Order stated:
Plaintiff is advised that he is required to immediately inform the
Court of any change of address. If Plaintiff is transferred to
another jail or prison or released, he shall have 30 days from the
date of transfer or release in which to notify the Court of his new
address. Plaintiff shall submit a change of address on a separate
piece of paper entitled “Notice to the Court of Change of Address”
and not include any motions or otherwise request relief in this
document. The notice shall contain only information pertaining to
the address change. Failure to inform the Court of an address
change shall subject this case to dismissal.
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(EFC No. 3)(emphasis in original). Rule 5.5 (c)(2) of the Local Rules for the Eastern and Western
Districts of Arkansas also requires a pro se party to keep the Court and opposing counsel informed
of his current address.
More than thirty (30) days have passed since mail sent to Plaintiff was returned as
undeliverable and to date, no new address for Plaintiff has been provided to the Court. Plaintiff
has not filed anything with the Court since January 2, 2018.
On March 21, 2018, Defendants filed a Motion to Dismiss (ECF No. 16). Defendants state
they have been unable to effect service of their correspondence and discovery requests upon the
Plaintiff. Additionally, Defendants note that Plaintiff is not in compliance with Local Rule
5.5(c)(2). Plaintiff has not responded to the Motion to Dismiss.
Therefore, the Defendants’ Motion to Dismiss (ECF No. 16) is GRANTED and this case
is DISMISSED WITHOUT PREJUDICE for failure to prosecute this action and failure to obey
the orders of the Court. Fed. R. Civ. P. 41(b).
IT IS SO ORDERED this 18th day of April 2018.
/s/P.K. Holmes,III
P. K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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