Opinion

Latham v. McGuire

Court
District Court, W.D. Arkansas
Filed
Jun 10, 2024
Cited by
0 cases
Authority
More cited than 17.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

RICHARD LATHAM PLAINTIFF

v. Case No. 4:24-cv-04040

KRISTAL MCGUIRE DEFENDANT

ORDER

Before the Court is Plaintiff’s failure to comply with Court Orders and prosecute this

matter. On May 14, 2024, Plaintiff Richard Latham submitted this action pro se. ECF No. 1. On

May 16, 2024, the Court ordered Plaintiff to pay the filing fee of $405.00 or file a motion to

proceed in forma pauperis by June 4, 2024. The Court has not received any communication from

Plaintiff since May 14, 2024, when he filed the instant action. ECF No. 1.

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 prosecute this case and failed to comply with the Court’s Order to

pay the filing fee or file a motion to proceed in forma pauperis by June 4, 2024. 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 hereby

DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED, this 10th day of June, 2024.

/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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