Jackson v. Andrew et al
Filing
28
OPINION AND ORDER granting 25 Motion to Dismiss; granting 23 Motion to Dismiss. Signed by Honorable Timothy L. Brooks on March 18, 2016. (src)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
DREW PHILIP JACKSON
V.
PLAINTIFF
CASE NO.: 5:15-CV-05281
NURSE ANDREW PIAZZA; STEPHEN
PRICE; A. GRAHAM; G. CERVONTAS;
R. WINGATE; C. MORGAN; and
NURSE PHEBE GROTHAUS
DEFENDANTS
OPINION AND ORDER
This is a civil rights action filed by Plaintiff Drew Philip Jackson under the provisions
of 42 U.S.C. ยง 1983. Jackson proceeds prose and in forma pauperis. When he filed this
action , Jackson was incarcerated in the Washington County Detention Center (WCDC) in
Fayetteville, Arkansas. He claims that he was denied adequate medical care while
incarcerated in the WCDC.
When he filed this case on November 13, 2015 , Jackson was specifically instructed
that he had the obligation to inform the Court immediately of any changes in his address
(Doc. 3). On December 8, 2015, mail sent to Jackson was returned with a notation that
he was no longer in the WCDC. Mail was also returned as undeliverable on December
14th and December 15th.
On December 15, 2015 , the Court Clerk obtained Jackson's home address that he
gave to the WCDC when he was booked in . The Clerk entered a change of address (Doc.
20) on Jackson's behalf to 257 E. Lee Street, Pensacola , Florida 32503. Mail was returned
as undeliverable from this address on February 9, 2016 .
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Defendants have now filed a first Motion to Dismiss (Doc. 23) and Second Motion
to Dismiss (Doc. 25). Both Motions indicate that Defendants have been unable to serve
Jackson with discovery requests . They also assert that Jackson is not in compliance with
Rule 5.5(c)(2) of the Local Rules for the Eastern and Western Districts of Arkansas which
requires pro se individuals to keep the Court informed of their addresses.
Both Motions to Dismiss (Docs. 23, 25) are GRANTED. The Court does not have
a valid address for Jackson . Mail sent to him at his home address in Florida has been
returned as undeliverable . Jackson has not communicated with the Court in any way since
December of 2015.
The case is dismissed based on Jackson's failure to obey an order
of the Court; his failure to prosecute this case ; and , his failure to comply with Local Rule
5.5 .(c)(2). Fed . R. Civ. P. 41(b) and Lo ~ Rule 5.5(c)(2).
IT IS SO ORDERED on this ' "
day of Marc , 2016.
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