Garriott v. Helder
OPINION AND ORDER granting 27 29 Motions to Dismiss; denying as moot 32 Motion for Order, and 33 Motion for Summary Judgment. Signed by Honorable Timothy L. Brooks on February 29, 2016. (src)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
CASE NO. 5:14-CV-05251
SHERIFF TIM HELDER
OPINION AND ORDER
This is a civil rights case filed by the Plaintiff Richard Garriott under the provisions
of 42 U.S.C. § 1983. Plaintiff proceeds prose and in forma pauperis.
When he filed this case , Plaintiff was incarcerated in the Washington County
Detention Center (WCDC). When he filed the case, Plaintiff was advised (Doc. 3) that he
must immediately inform the Court of any changes in his address.
On January 22 , 2015 , mail was returned from the WCDC with the notation that
Plaintiff was no longer at that facility. The Plaintiff did not notify the Court of his change
in address. Court personnel conducted a search for Plaintiff's address and determined he
was incarcerated in the Grimes Unit of the Arkansas Department of Correction . A change
of address (Doc. 6) was entered on his behalf.
On December 7, 2015 , mail was returned from the Grimes Unit with a notation the
Plaintiff had been paroled. Once again , Plaintiff failed to inform the Court of his change
of address. Court personnel located the Plaintiff's home address from his booking records
and a change of address (Doc. 23) was entered on his behalf.
On December 14, 2015 , mail was returned from the home address as undeliverable.
Plaintiff has not informed the Court of his change of address. On December 15, 2015 , a
show cause order (Doc. 25) was entered giving Plaintiff until January 13, 2016 , to show
cause why this case should not be dismissed based on his failure to obey the order of the
Defendant has filed two motions to dismiss (Docs. 27 & 29). The first motion (Doc.
27) asks that the case be dismissed based on the Plaintiff's failure to respond to the show
cause order. The second motion (Doc. 29) is based on the Plaintiff's failure to comply with
Rule 5.5(c)(2) of the Local Rules for the Eastern and Western Districts of Arkansas
requiring Plaintiff to respond to any communication of the Court within thirty days.
The Motions to Dismiss (Docs . 27 & 29) are granted . This case is DISMISSED
WITH PREJUDICE based on the Plaintiff's failure to comply with the orders of this Court,
Rule 41 (b) of the Federal Rules of Civil Procedure , and his failure to comply with Rule
5.5(c)(2) of the Local Rules for the Eastern and Western Districts of Arkansas . All other
pending motions are DENIED AS MOOT. Judgment will enter contemporaneously with this
IT IS SO ORDERED on
this ~ day of Febr a
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?