Bates v. R. Marsh et al, No. 5:2016cv05240 - Document 34 (W.D. Ark. 2018)

Court Description: OPINION AND ORDER Dismissing Case Without Prejudice based on Plaintiff's failure to prosecute. Signed by Honorable P. K. Holmes, III on January 5, 2018. (src)

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Bates v. R. Marsh et al Doc. 34 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION BRADY STEVEN BATES v. PLAINTIFF Civil No. 5:16-cv-05240 DEPUTY R. MARSH; and CORPORAL S. SMITH DEFENDANTS OPINION AND ORDER Plaintiff filed this civil rights action pursuant to 42 U.S.C. §1983. He proceeds pro se and in forma pauperis. When he filed this case, Plaintiff was incarcerated in the Washington County Detention Center. Plaintiff was advised that he was required to immediately notify the Court of any change in his address (ECF No. 3). Further, he was warned that failure to inform the Court of a change in his address would subject the case to dismissal. On August 9, 2017, mail was returned as undeliverable with the notation “no longer at this facility.” The Court has no other address for the Plaintiff. Plaintiff has not communicated with the Court in anyway. The Court has not had a valid address for the Plaintiff since August 2017. This case is DISMISSED WITHOUT PREJUDICE based on the Plaintiff’s failure to prosecute this case and his failure to keep the Court informed of his current address. Fed. R. Civ. P. 41(b); Rule 5.5(c)(2) of the Local Rules for the Eastern and Western Districts of Arkansas. IT IS SO ORDERED on this 5th day of January 2018. /s/P.K. Holmes,III P. K. HOLMES, III CHIEF U.S. DISTRICT JUDGE Dockets.Justia.com

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