Hill v. Kelly et al

Filing 31

ORDER re 30 Order Regarding IFP Application-Deficient. Plaintiff's claims are DISMISSED WITHOUT PREJUDICE FOR failure to comply with court Orders and failure to prosecute this case. Signed by Honorable P. K. Holmes, III on March 16, 2018. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION

BRIAN HILL
v.

PLAINTIFF
Civil No. 6:17-cv-06065

WENDY KELLY, et.al.

DEFENDANTS

ORDER
Plaintiff proceeds in this matter pro se and in forma pauperis pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s failure to obey a Court Order.
I. BACKGROUND
On February 12, 2018, Plaintiff notified the Court by phone of an address change. As the
new address indicated Plaintiff was no longer incarcerated, the Court entered an Order on February
13, 2018, directing Plaintiff to complete an IFP application reflecting his free-world financial
status. (ECF No. 30). This Order was not returned as undeliverable. Plaintiff did not comply with
the Order.
II. LEGAL STANDARD
The Federal Rules of Civil Procedure specifically contemplate dismissal of a case on the
grounds that the plaintiff failed to prosecute or failed to comply with orders of the court. Fed. R.
Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (stating that the district court
possesses the power to dismiss sua sponte under Rule 41(b)). Pursuant to Rule 41(b), a district
court has the power to dismiss an action based on “the plaintiff’s failure to comply with any court
order.” Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (emphasis added).

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III. ANALYSIS
Plaintiff has failed to comply with a Court order. Plaintiff has failed to prosecute this case.
Accordingly, pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule 5.5(c)(2) Plaintiff’s
Complaint should be dismissed without prejudice for failure to comply with the Court’s Local
Rules and Orders and failure to prosecute this case.
For these reasons, IT IS ORDERED that Plaintiff’s claims are DISMISSED WITHOUT
PREJUDICE.
IT IS SO ORDERED this 16th day of March 2018.

/s/P. K. Holmes, III
P. K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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