Barnes v. Cook

United States District Court for the Eastern District of Arkansas

Barnes v. Cook

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

JASON W. BARNES PLAINTIFF ADC #144112 v. No: 3:21-cv-00022 JM

DALE COOK, et al. DEFENDANTS ORDER Plaintiff Jason W. Barnes filed a pro se complaint, pursuant to

42 U.S.C. § 1983

, on January 25, 2021 (Doc. No. 1). On January 26, 2021, the Court entered an order directing Barnes to submit the full $402.00 filing and administrative fees or file a fully completed in forma pauperis application within 30 days. See Doc. No. 2. Barnes was cautioned that failure to comply with the Court’s order within that time would result in the dismissal of his case. More than 30 days have passed, and Barnes has not complied or otherwise responded to the January 25 order. Accordingly, the Court finds that this action should be dismissed without prejudice for failure to comply with Local Rule 5.5(c)(2) and failure to respond to the Court’s orders. See Miller v. Benson,

51 F.3d 166, 168

(8th Cir. 1995) (District courts have inherent power to dismiss sua sponte a case for failure to prosecute, and exercise of that power is reviewed for abuse of discretion). IT IS THEREFORE ORDERED THAT Barnes’s complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE. DATED this 4th day of March, 2021. GE UNITED STATES DISTRICT JUDGE

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