Santos v. Peachey et al, No. 5:2021cv05002 - Document 6 (W.D. Ark. 2021)

Court Description: OPINION AND ORDER Dismissing Case Without Prejudice (See Order for Specifics). Signed by Honorable P. K. Holmes III on March 10, 2021. (lgd)

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Santos v. Peachey et al Doc. 6 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION EDWARD SANTOS v. PLAINTIFF Civil No. 5:21-cv-05002 BRANDON PEACHEY, Parole Officer; JOE E. HUHN, Supervisor; MELISSA DAVIS, Probation Officer; and RICHARD HOLT, Supervisor DEFENDANTS OPINION AND ORDER Plaintiff, Edward Santos (“Santos”), filed this action pursuant to 42 U.S.C. §1983 on January 4, 2021. Santos was incarcerated at the Washington County Detention Center (“WCDC”). He proceeds pro se and has filed an application to proceed in forma pauperis (“IFP”). Santos’ IFP application was incomplete. An Order (ECF No. 2) was entered directing him to file a completed application by January 25, 2021. This same Order (ECF No. 2), specifically advised Santos that he was required to immediately inform the Court of any change of address. However, this Order and all other documents sent to Santos at the WCDC were returned as undeliverable on January 28, 2021, with a notation that Santos was no longer at the facility. (ECF No. 5). Rule 5.5(c)(2) of the Local Rules for the Eastern and Western Districts of Arkansas requires pro se parties to “promptly notify the Clerk and other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently.” More than thirty days has expired since Santos’ mail was returned as undeliverable. To date, Santos has not provided a new address or contacted the Court in anyway. 1 Dockets.Justia.com Accordingly, this case is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 5.5(c)(2) of the Local Rules for the Eastern and Western Districts of Arkansas. IT IS SO ORDERED on this 10th day of March 2021. /s/P.K. Holmes,III P. K. HOLMES, III U.S. DISTRICT JUDGE 2

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