Opinion

Anderson v. Olliver

Court
District Court, W.D. Arkansas
Filed
Jun 22, 2022
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

DWVANE ANDERSON PLAINTIFF

v. Civil No. 4:22-cv-4037

OFFICER OLLIVER, Hope Police

Department DEFENDANT

ORDER

Plaintiff Dwvane Anderson filed this 42 U.S.C. § 1983 action pro se on April 29, 2022.

(ECF No. 1). Plaintiff did not file an application to proceed in forma pauperis (“IFP”) with his

Complaint. On April 29, 2022, the Court ordered Plaintiff to file an IFP application by May 20,

2022. (ECF No. 2). The order informed Plaintiff that failure to comply would result in the

dismissal of his case without prejudice. The order was not returned as undeliverable. As of the

date of this order, Plaintiff has not filed an IFP application.

On May 24, 2022, the Court entered an order directing Plaintiff to show cause by June 14,

2022, as to why he failed to comply with the Court’s order directing him to file an IFP application.

(ECF No. 4). This order also informed Plaintiff that failure to comply would result in this case

being dismissed. The order was not returned as undeliverable. As of the date of this order, Plaintiff

has not responded to the show cause order or otherwise communicated with the Court.

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.

W.D. Ark. 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) (emphasis added).

Plaintiff has failed to obey two orders of the Court. Therefore, the Court finds that this

case should be dismissed pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule

5.5(c)(2). Plaintiff’s Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED, this 22nd day of June 2022.

/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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