Jennings v. Anderson et al

Filing 8

OPINION AND ORDER dismissing case without prejudice for failure to prosecute this action and failure to obey the orders of the Court ***Civil Case Terminated. Signed by Honorable Timothy L. Brooks on March 31, 2017. (tg)

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

JHAKOBY JENNINGS

v.

Civil No. 5:17-CV-05032
DEFENDANTS

MIKE ANDERSON, et. al.
OPINION AND ORDER

This is a civil rights case filed by the Plaintiff Jhakoby Jennings under the
provisions of 42 U.S .C. § 1983.

Jennings proceeds pro se and has submitted an

application for in forma pauperis ("IFP") status. He is incarcerated in the Ouachita River
Correctional Unit of the Arkansas Department of Correction. At all times relevant to this
case , Plaintiff was incarcerated at the Nevada County Jail.
Plaintiff was advised his IFP application was incorrect because he had completed
the certificate of inmate account form himself, rather than having it completed by a jail
official. By order (Doc. 3) entered on February 16, 2017 , Plaintiff was directed to file a
completed IFP application or pay the filing fee by March 6, 2017.
On February 28 , 2017, mail was returned as undeliverable with a notation that
Plaintiff was no longer at the jail.

Court staff were able to locate a new address for

Plaintiff and a change of address was entered on his behalf. All mail returned as
undeliverable was resent. This mail was not returned as undeliverable. A completed
IFP application was not filed.
By order (Doc. 5) entered on March 7, 2017, Plaintiff was given until March 20 ,
2017, to show cause why this action should not be dismissed for failure to comply with a
Court order. This mail was not returned as undeliverable.
On March 8, 2017 , Plaintiff filed a second incorrect IFP application. (Doc. 6)
Plaintiff had again filled out the certificate of inmate account form himself instead of

having it completed by a jail official. By order (Doc. 7) Plaintiff was again advised that
the IFP application must be completed and signed by a jail official , and was given until
March 27 , 2017, to submit a properly completed IFP application . This mail was not
returned as undeliverable.
To date, Plaintiff has not responded to the show cause order (Doc. 5), has not
filed a properly completed IFP application , and has not submitted a filing fee. For these
reasons , this case is DISMISSED WITHOUT PREJUDICE for failure to prosecute this
action and failure to obey the orders
IT IS SO ORDERED on

oft ~ Court.

Fed . R. Civ. P. 41 (b ).

this ~ day of Marc

, 017

. BROOKS
DISTRICT JUDGE