Clark v. Wellpath LLC
Clark v. Wellpath LLC
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION PHILLIP RASHAD CLARK PLAINTIFF ADC #131156 v. Case No. 4:21-cv-00594-LPR-JTR WELLPATH LLC, et al. DEFENDANTS ORDER On August 6, 2021, the Court entered an Order in which it directed Plaintiff Phillip Rashad Clark to file a notice of his current address, within thirty (30) days, if he wished to continue pursuing this lawsuit. (Doc. 7). The Court warned Plaintiff that his failure to comply with the Order would cause his Complaint to be dismissed. (/d.). Plaintiff has not complied with or otherwise responded to the August 6, 2021 Order, and the time for doing so has passed.! 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)). 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 14th day of September, 2021.
LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE
‘All 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). Under Local Rule 5.5(c)(2), it is Plaintiffs responsibility to promptly notify the Court of an address change. He has not done so.
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