Opinion

Brewer v. Maness

Court
District Court, W.D. Arkansas
Filed
Oct 20, 2023
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

EL DORADO DIVISION

RODRICK DION BREWER PLAINTIFF

v. Case No. 1:23-cv-01071

JERRY MANESS; GEAN SEIGER;

LEROY MARTIN; and ANITACOGBILL DEFENDANTS

ORDER

Plaintiff, Rodrick Dion Brewer, originally submitted this 42 U.S.C. § 1983 action pro se,

on July 5, 2023, in the United States District Court for the Eastern District of Arkansas. (ECF No.

2). The Eastern District transferred the case to this Court on July 11, 2023. (ECF No. 3). Currently

before the Court, is Plaintiff’s failure to comply with Orders of the Court and to prosecute this

matter.

On July 17, 2023, the Court entered an Order directing Plaintiff to file a completed

application to proceed in forma pauperis (“IFP”) because he failed to do so with his Complaint.

(ECF No. 7). The Court directed Plaintiff to respond with the completed IFP Application or to

pay the full filing fee by August 7, 2023. Id. Also, on July 17, 2023, the Court entered an Order

directing Plaintiff to file an amended complaint by August 7, 2023. (ECF No. 6). These Orders

were mailed to Plaintiff’s address of record at the Columbia County Detention Center. Both Orders

were returned to the Court as undeliverable mail on August 10, 2023. (ECF No. 9).

On July 28, 2023, the Court also received the Transfer Order and Magistrate Notice sent to

Plaintiff at his address of record at the Columbia County Detention Center returned as

undeliverable mail (ECF No. 8). This return of mail shows that the Court has never been successful

in communicating with Plaintiff at his address of record. The Court is unaware of any other address

for Plaintiff.

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 wholly failed to prosecute this case and to keep the Court apprised of his

current mailing address. 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. 2) is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED, this 20th day of October, 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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