Opinion

Price v. Mitcham

Court
District Court, W.D. Arkansas
Filed
Apr 4, 2022
Cited by
0 cases
Authority
More cited than 17.2%

stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)

How later courts described this case

  • stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

EL DORADO DIVISION

STEVEN ANDREW PRICE PLAINTIFF

v. Civil No. 1:22-cv-1007

CAPTAIN RICHARD MITCHAM, Jail

Administrator, Union County Detention

Center (UCDC); LIEUTENANT BILLY

PERRY, UCDC; and OFFICER DEMITRI

WALKA, UCDC DEFENDANTS

ORDER

This is a civil rights action filed by the Plaintiff Steven A. Price pursuant to 42 U.S.C. §

1983. Plaintiff proceeds pro se and in forma pauperis. When he filed this case, Plaintiff was

incarcerated in the Union County Detention Center (“UCDC”).

On January 24, 2022, the Court informed Plaintiff that, if he was transferred to another

facility or released, he had thirty days to provide the Court with his new address. (ECF No. 3).

That order was not returned as undeliverable. Additionally, Rule 5.5(c)(2) of the Local Rules

for the Eastern and Western Districts of Arkansas requires Plaintiff 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.”

On February 22, 2022, mail sent by the Court to Plaintiff at the UCDC was returned

marked “released.” Pursuant to the Court’s instructions (ECF No. 3), Plaintiff’s new address

was to be furnished to the Court by March 24, 2022.

To date, Plaintiff has not submitted a new address to the Court. Neither the Court nor the

Defendants have any way to contact Plaintiff. The last documents filed by Plaintiff in this case

are his Complaint (ECF No. 1) and his application to proceed IFP (ECF No. 2) filed on January

24, 2022.

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 plaintiff’s 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.

Therefore, pursuant to Rule 41(b) and Local Rule 5.5(c)(2), Plaintiff’s case should be and

hereby is DISMISSED WITHOUT PREJUDICE based on his failure to prosecute this case, and

his failure to obey the orders of the Court. 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, this 4th day of April, 2022.

/s/ Susan O. Hickey

Susan O. Hickey

Chief United States District Judge

2

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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