Pulliam v. Mississippi County Detention Center et al

Filing 7

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Gabriel Alexander Pulliam. IT IS HEREBY ORDERED that plaintiff's complaint and all of his causes of action against defendan ts are DISMISSED without prejudice. A separate order of dismissal will be entered herewith. IT IS FURTHER ORDERED that plaintiff's motion for leave to proceed in forma pauperis (Docket No. 2) is DENIED as moot.IT IS FURTHER ORDERED that the Cler k of Court shall mail a copy of this Order to plaintiff at the Mississippi County Detention Center, and at 525 Jefferson Street, Ste. Genevieve, MO 63670. IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. Signed by District Judge Stephen N. Limbaugh, Jr on 11/23/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
GABRIEL ALEXANDER PULLIAM,
Plaintiff,
v.
MISSISSIPPI COUNTY DETENTION
CENTER, et al.,
Defendants.

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No. 1:16CV254 ACL

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Plaintiff Gabriel Alexander
Pulliam filed this civil action on October 18, 2016, alleging false arrest and mistreatment during
his incarceration at the Mississippi County Detention Center in Charleston, Missouri. Plaintiff
moved for leave to proceed in forma pauperis, but he submitted inadequate financial information
in support, leaving the Court unable to properly consider the motion. In addition, plaintiff stated
in the complaint that he was presently incarcerated, but he also provided a private residential
address.
On October 26, 2016, the Court ordered plaintiff to provide updated financial
information, and to also inform the Court of his correct mailing address. A copy of that Order
was mailed to plaintiff at the Mississippi County Detention Center and also to the private
residential address he provided. Plaintiff’s response was due to the Court on November 16,
2016, but to date, he has neither responded to the Court nor sought additional time to do so. This
action will therefore be dismissed without prejudice due to plaintiff’s failure to comply with this
Court’s October 26, 2016 Order, and due to his failure to prosecute his case. Fed. R. Civ. P.

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41(b); Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (holding that a district court has the
power to dismiss an action for the plaintiff’s failure to comply with any court order).
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s complaint and all of his causes of action
against defendants are DISMISSED without prejudice. A separate order of dismissal will be
entered herewith.
IT IS FURTHER ORDERED that plaintiff’s motion for leave to proceed in forma
pauperis (Docket No. 2) is DENIED as moot.
IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this Order to
plaintiff at the Mississippi County Detention Center, and at 525 Jefferson Street, Ste. Genevieve,
MO 63670.
IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in
good faith.
Dated this 23rd day of November, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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