Opinion

Carter v. Minors

Court
District Court, W.D. Arkansas
Filed
Apr 5, 2023
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

DILLON CARL CARTER PLAINTIFF

v. Civil No. 4:23-cv-04001

WARDEN JOHN MINORS;

ASSISTANT WARDEN SHAUNDA SCOGGINS;

SECURITY MAJOR VICKEY WALKER;

TREATMENT SUPERVISOR TINA MAXWELL;

and DOE NURSES DEFENDANTS

ORDER

Plaintiff, Dillon Carl Carter, originally filed this 42 U.S.C. § 1983 action pro se on January

13, 2023. (ECF No. 1). Along with his Complaint, Plaintiff submitted an Application to Proceed

in forma pauperis (“IFP”). (ECF No. 2). The Court granted Plaintiff’s IFP Application on January

13, 2023. (ECF No. 3). Currently before the Court is Plaintiff’s failure to comply with orders of

the Court.

In the Court’s January 13, 2023 Order, Plaintiff was directed to submit an amended

complaint by February 3, 2023. (ECF No. 23). Plaintiff failed to do so. On February 6, 2023, the

Court entered an Order to Show Cause directing Plaintiff to show cause why he failed to submit

the Court directed amended complaint. (ECF No. 6). Plaintiff’s response to the Show Cause Order

was due February 27, 2023. Id. The Show Cause Order was not returned as undeliverable mail,

and Plaintiff did not respond.

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) (emphasis added).

Plaintiff has failed to obey multiple Court Orders. 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 (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED, this 5th day of April, 2023.

/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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