Opinion

Brown v. Parker

Court
District Court, E.D. Arkansas
Filed
Aug 13, 2021
Cited by
0 cases
Authority
More cited than 17.0%

district courts have power to dismiss sua sponte under Rule 41(b)

How later courts described this case

  • district courts have power to dismiss sua sponte under Rule 41(b)

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

CENTRAL DIVISION

GARY LEWIS BROWN PLAINTIFF

ADC #115152

v. Case No. 4:19-cv-00564-LPR-JTR

DEPUTY PARKER, Pulaski County Jail, DEFENDANTS

SERGEANT CARDER, Pulaski County Jail,

LIEUTENANT BRAWLEY, Pulaski County Jail,

SHERIFF ERIC HIGGINS, Pulaski County Jail,

SERGEANT D. MUSADDIQ, Pulaski County Jail,

MAJOR M. BRIGGS, Pulaski County Jail

ORDER

On August 13, 2019, Gary Lewis Brown (“Plaintiff”), then an inmate at the Pulaski County

Detention Facility, filed a pro se Complaint pursuant to 42 U.S.C. § 1983. (Doc. 2).

On May 11, 2021, the Court entered an Order in which it directed Plaintiff to file a notice

of his current address, within thirty (30) days, if he wished to continue pursuing this lawsuit. (Doc.

19). The Court warned Plaintiff that his failure to comply with the Order would cause his

Complaint to be dismissed. (Id.). Plaintiff has not complied with or otherwise responded to the

May 11, 2021 Order, and the time for doing so has passed.1

Accordingly, Plaintiff’s Complaint is DISMISSED without prejudice pursuant to Local

Rule 5.5(c)(2) and Rule 41(b) of the Federal Rules of Civil Procedure. See Link v. Wabash R.R.

Co., 370 U.S. 626, 630-31 (1962) (district courts have power to dismiss sua sponte under Rule

41(b)). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an in forma pauperis appeal

from the Order and Judgment dismissing this action would not be taken in good faith.

1All recent mail sent by the Court to Plaintiff has been returned as undeliverable because he is no longer at

the address on file with the Court. (Docs. 14, 16, 20). Under Local Rule 5.5(c)(2), it is Plaintiff’s responsibility to

promptly notify the Court of an address change. He has not done so.

IT IS SO ORDERED this 13th day of August, 2021.

LEE P. RUDOFSKY

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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