Bronson v. Helder et al
OPINION AND ORDER OF DISMISSAL WITHOUT PREJUDICE for failure to prosecute. Signed by Honorable Timothy L. Brooks on June 6, 2017. (src)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TIMMY RAY BRONSON
CASE NO. 5:16-CV-5344
SHERIFF TIM HELDER; SGT. J.
JAY CANTRELL; LT. REESER; and
CHAPLIN ADAMS, et al.
OPINION AND ORDER
Plaintiff Timmy Ray Bronson filed this 42 U.S.C. §1983 action prose on December
2, 2016 . (Doc. 1). At the time of filing , Plaintiff was incarcerated in the Washington County
Jail. On February 28, 2017, the Court entered an Initial Scheduling Order, a copy of which
was mailed to Plaintiff at the Washington County Jail. On April 3, 2017 , the mail was
returned as undeliverable, with no new address provided . (Doc. 18).
On April 26 ,
Defendants filed a Motion to Dismiss, arguing that this case should be dismissed due to
Plaintiff's failure to comply with Local Rule 5.5(c)(2) of the United States District Court for
the Western District of Arkansas . Thereafter, on April 26 , 2017 , the Court entered an
Order to Show Cause (Doc. 24), ordering Plaintiff to respond and show cause as to why
the case should not be dismissed due to his failure to keep the Court and opposing
counsel aware of his current address at all times . Plaintiff was ordered to respond by May
12, 2017, and advised that a failure to respond to the order would result in the dismissal
of his case. The Order to Show Cause was also returned as undeliverable (Doc. 25) and
to date, no response has been received .
Local Rule 5.5(c)(2) states :
Parties appearing pro se. It is the duty of any party not represented by counsel to
promptly notify the court and other parties to the proceedings of any change of his
or her address, to monitor the progress of the case , and to prosecute or defend the
action diligently. A party appearing for himself/herself shall sign his/her pleadings
and state his/her address , zip code, and telephone number. If any communication
from the court to a pro se plaintiff is not responded to within thirty (30) days, the
case may be dismissed without prejudice . A party proceeding pro se shall be
expected to be familiar with and follow the Federal Rules of Civil Procedure.
Therefore, the case is DISMISSED WITHOUT PREJUDICE pursuant to Federal
Rule of Civil Procedure 41 (b) for failure to prosecute this action and for failure to follow the
rules of the Court.
IT IS SO ORDERED on this
day of Jun
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?