Villar v. Karas et al
OPINION AND ORDER OF DISMISSAL WITHOUT PREJUDICE for failure to prosecute this action and failure to obey the orders of the Court. Signed by Honorable Timothy L. Brooks on May 22, 2017. (src)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
ANTONIO RIVERRO VILLAR
CASE NO. 5:16-CV-05221
DR. ROBERT KARAS
OPINION AND ORDER
This is a civil rights case filed by the Plaintiff Antonio Riverro Villar under the
provisions of 42 U.S.C. § 1983. Plaintiff proceeds in forma pauperis and prose.
When he filed this case on August 19, 2016 (Doc. 1), Plaintiff was incarcerated in
the Washington County Detention Center (WCDC). Plaintiff was advised (Doc. 3) that he
had the obligation to immediately notify the Court of any changes in his address.
On April 14, 2017, Defendant filed a motion to dismiss (Doc. 24) indicating he had
been unable to effect service of correspondence, discovery requests , and a notice of
deposition upon the Plaintiff. Defendant indicated that when he attempted to schedule the
Plaintiff's deposition he was advised the Plaintiff had been released from the WCDC on
December 20, 2016.
Defendant indicated that, based on his counsel's own research , a possible address
for the Plaintiff was located in the jail file. The address was P.O. Box 150, West Fork, AR
72774. The Clerk was directed to enter a change of address on the Plaintiff's behalf. The
change of address was entered on April 26 , 2017.
A show cause order (Doc. 28) was entered giving the Plaintiff until May 12, 2017,
to respond to the motion to dismiss and the show cause order. Plaintiff was advised that
failure to respond would result in the dismissal of this case. All mail sent to the West Fork
address has been returned marked "undeliverable ."
No other address is available for the Plaintiff. The Court has not had an accurate
address for the Plaintiff since he was released from the WCDC in December 2016 .
Plaintiff has not filed anything with the Court since November 14, 2016 (Doc. 12).
For these reasons, this case is DISMISSED WITHOUT PREJUDICE for failure to
prosecute this action and failure to obey ~
orders of the Court. Fed. R. Civ. P. 41 (b).
IT IS SO ORDERED on this _ £day of May,
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