Villar v. Karas et al, No. 5:2016cv05221 - Document 31 (W.D. Ark. 2017)

Court Description: 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)
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Villar v. Karas et al Doc. 31 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION PLAINTIFF ANTONIO RIVERRO VILLAR V. CASE NO. 5:16-CV-05221 DEFENDANT 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 ." Dockets.Justia.com 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, 2 17.