Smith v. John and Jane Doe Commanding Staff et al

Filing 12

OPINION AND ORDER re 11 Show Cause Order. Signed by Honorable Timothy L. Brooks on June 20, 2016. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
PLAINTIFF

ANTHONY J. SMITH

v.

CASE NO.: 5:16-CV-05044

JOHN AND JANE DOE COMMANDING
STAFF, East Arkansas Regional Unit of the
Arkansas Department of Correction ; JOHN
AND JANE DOE MEDICAL STAFF, East
Arkansas Regional Unit of the Arkansas
Department of Correction; JOHN AND JANE
DOE COMMANDING STAFF, Washington
County Detention Center; and JOHN AND
JANE DOE MEDICAL STAFF, Washington
County Detention Center

DEFENDANTS

OPINION AND ORDER
This is a civil rights case filed by the Plaintiff Anthony J. Smith under the provisions
of 42 U.S.C. § 1983. Smith proceeds in forma pauperis and prose. He is incarcerated in
the Ouachita River Correctional Unit of the Arkansas Department of Correction. At the
times at issue in this case, Plaintiff was incarcerated at the Washington County Detention
Center.
By order (Doc. 3) entered on February 23 , 2016 , Plaintiff was directed to file an
amended complaint by March 21 , 2016 . He did not file an amended complaint or request
an extension of time to file it.
On March 10, 2016 , mail was returned as undeliverable with a notation that Plaintiff
was no longer at the detention center. Court staff were able to locate a new address for
Plaintiff and a change of address (Doc. 7) was entered on his behalf. All mail returned as
undeliverable was resent.

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On March 30 , 3016 , Plaintiff filed a motion (Doc. 9) for an extension of time to file
the amended complaint. By order entered on April 21 , 2016 , Plaintiff was given until May
18, 2016 , to file his amended complaint. Plaintiff was reminded that the complaint is
merely his statement of how he believes his constitutional rights were violated by the
named Defendants.
On May 23 , 2016 , a show cause order (Doc. 11) was entered . It was noted that
Plaintiff had not filed his amended complaint. No mail had been returned as undeliverable.
Plaintiff was given until June 10, 2016 , to show cause as to why this case should not be
dismissed due to his failure to prosecute this action and his failure to obey the orders of
the Court. He was advised that failure to respond to the show cause order would result in
the dismissal of the case .
To date, Plaintiff has not responded to the show cause order (Doc. 11 ). He has not
requested an extension of time to respond . He has not filed his amended complaint. For
these reasons , this case is DISMISSED WITH PREJUDICE for failure to prosecute this
action and failure to obey the orders of \

IT IS SO ORDERED on this £

Court. Fed . R. Civ. P. 41 (b ).
day of Ju . , 2016.

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