Opinion

Cole v. Corporal

Court
District Court, W.D. Arkansas
Filed
Jul 11, 2019
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

JIMMIE COLE PLAINTIFF

v. Civil No. 4:19-cv-4010

CORPORAL HENDERSON, Miller County

Detention Center DEFENDANT

ORDER

Plaintiff Jimmie Cole filed this 42 U.S.C. § 1983 action pro se on January 29, 2019. (ECF

No. 1). Plaintiff’s motion to proceed in forma pauperis was granted that same day. (ECF No. 3).

In this order, Plaintiff was advised that he must immediately inform the Court of any change in his

address. (ECF No. 3). This order also informed Plaintiff that failure to inform the Court of an

address change would result in the dismissal of his case. Id. On June 3, 2019, mail sent from the

Court to Plaintiff at his address of record was returned as undeliverable. (ECF No. 17). To date,

Plaintiff has not provided the Court with an updated address.

Although pro se pleadings are to be construed liberally, a pro se litigant is not excused

from complying with substantive and procedural law. Burgs v. Sissel, 745 F.2d 526, 528 (8th Cir.

1984). The Local Rules state in pertinent part:

It is the duty of any party not represented by counsel to promptly notify the Clerk

and the 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

. . . If any communication from the Court to a pro se plaintiff is not responded to

within thirty (30) days, the case may be dismissed without prejudice. Any party

proceeding pro se shall be expected to be familiar with and follow the Federal

Rules of Civil Procedure.

Local Rule 5.5(c)(2).

Additionally, the Federal Rules of Civil Procedure specifically contemplate dismissal of a

case on the grounds that the plaintiff failed to prosecute or failed to comply with orders of the

court. Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (stating 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 plaintiff’s failure to comply with

any court order.” Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986).

Plaintiff has failed to keep the Court informed of his address and has failed to prosecute

this case. Therefore, pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule 5.5(c)(2),

the Court finds that this case should be dismissed. Accordingly, Plaintiff’s Complaint is

DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED, this 11h day of July, 2019.

/s/ Susan O. Hickey

Susan O. Hickey

Chief 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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