Smith v. Wright

United States District Court for the Eastern District of Arkansas

Smith v. Wright

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION BOBBY SMITH PLAINTIFF No: 4:21-cv-00542-JM

RODNEY WRIGHT, et al. DEFENDANTS ORDER Plaintiff Bobby Smith 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 Smith to file an amended complaint clarifying his claims within 30 days. See Doc. No. 6. On July 14, 2021, the Court instructed Smith to update his address because mail sent to him had been returned undeliverable. See Doc. No. 8. Smith was cautioned that failure to timely comply with the Court’s orders would result in the dismissal of his case. Mail sent to Smith continues to be returned as undeliverable. See Doc. Nos. 9-11. More than 30 days have passed, and Smith has not complied or otherwise responded to the July 12 or July 14 orders. 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 Smith’s complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE. DATED this 18th day of August, 2021.

UNI |. on | JUDGE

Reference

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