Upperman v. Wright

United States District Court for the Eastern District of Arkansas

Upperman v. Wright

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION AARON UPPERMAN PLAINTIFF v. No: 4:21-cv-00549-JM

RODNEY WRIGHT, et al. DEFENDANTS ORDER Plaintiff Aaron Upperman filed a pro se complaint, pursuant to

42 U.S.C. § 1983

, on June 21, 2021 (Doc. No. 1). On July 12, 2021, the Court entered an order directing Upperman to file an amended complaint clarifying his claims within 30 days. See Doc. No. 6. Upperman 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 Upperman has not complied or otherwise responded to the July 12 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 Upperman’s complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE. DATED this 18" day of August, 2021. ao

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