Kimbrel v. Ryles
Kimbrel v. Ryles
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION
ANDREW CODY KIMBREL PLAINTIFF #169536
V. Case No. 4:20-cv-01216-LPR
TIM RYLES, Sheriff, Faulkner County; CHRISTOPHER REID MILLER, Captain, Faulkner County; T. COLLINS, Sergeant, Faulkner County; and JOHN RANDALL, Jail Administrative, Faulkner County DEFENDANTS
ORDER
On October 9, 2020, Andrew Kimbrel (“Plaintiff”), then a prisoner in the Faulkner County Detention Center, filed a pro se Complaint pursuant to
42 U.S.C. § 1983. (Doc. 2). On November 10, 2020, the Court entered an Order in which it directed Plaintiff to file a notice of his current mailing address and, if he had been released, to either pay the filing fee or file an updated application to proceed in forma pauperis. (Doc. 7). The Court warned Plaintiff that his failure to comply with the Order would cause his Complaint to be dismissed. (Id.). Plaintiff has not complied with or otherwise responded to the November 10, 2020 Order, and the time for doing so has passed.1 Accordingly, Plaintiff’s Complaint is DISMISSED without prejudice pursuant to Local Rule 5.5(c)(2) and Rule 41(b) of the Federal Rules of Civil Procedure. See Link v. Wabash R.R. Co.,
370 U.S. 626, 630-31(1962) (district courts have power to dismiss sua sponte under Rule 41(b)).
1All recent mail sent by the Court to Plaintiff has been returned as undeliverable because he is no longer at the address on file with the Court. (Docs. 6, 8, 9, 10, 11). Under Local Rule 5.5(c)(2), it is Plaintiff’s responsibility to promptly notify the Court of an address change. He has not done so. The Court certifies pursuant to
28 U.S.C. § 1915(a)(3) that an in forma pauperis appeal from the Order and Judgment dismissing this action would not be taken in good faith. IT IS SO ORDERED this 18th day of December, 2020.
/d Se,
LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE
Reference
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