Page v. Holloway et al, No. 5:2019cv05155 - Document 5 (W.D. Ark. 2019)
Court Description: OPINION AND ORDER DISMISSING CASE WITHOUT PREJUDICE for failure to prosecute and failure to obey the order of the Court. Signed by Honorable Timothy L. Brooks on September 10, 2019. (tg)
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Page v. Holloway et al Doc. 5 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION STEPHEN WESLEY PAGE V. PLAINTIFF CASE NO. 5:19-CV-05155 SHERIFF HOLLOWAY, Benton County, Arkansas; and LIEUTENANT HOLT DEFENDANTS OPINION AND ORDER Plaintiff, Stephen W. Page ("Page"), filed this civil rights action pursuant to 42 U.S.C. ยง 1983. Page proceeds prose and in forma pauperis ("IFP"). By Order (Doc. 3) entered on August 14, 2019, Page was directed to file an IFP application including a completed certificate regarding his inmate account. The completed IFP application was to be filed by August 30, 2019. Page was advised that failure to comply with the Order "shall result" in the dismissal of the case. To date, Page has not filed the completed IFP application. an extension of time to comply with the Order. Page has not sought No mail has been returned as undeliverable. The Federal Rules of Civil Procedure specifically contemplate dismissal of a case on the ground that the plaintiff failed to prosecute or failed to comply with an order of the court. Fed . R. Civ. P. 41 (b) ; Line 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 plaintiffs failure to comply with any court order. " Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (emphasis added) . Additionally, Rule 5.5(c)(2) of the Local Rules for the Eastern and Western Districts of Arkansas requires parties appearing pro se to monitor the case, and to prosecute or defend the action diligently. Dockets.Justia.com Therefore, pursuant to Rule 41 (b ), this Complaint should be and hereby is DISMISSED WITHOUT PREJUDICE based on Page's failure to prosecute th is case, his failure to obey the order of the Court, and his failure to comply with Local Rule 5.5(c)(2) . Fed . R. Civ. P. 41(b). IT IS SO ORDERED on this z t day of Se tember, 2019.
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