UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

DEMARIO WILEY PLAINTIFF ADC #157707

V. No. 4:21-CV-01147-LPR-JTR

JAMES GIBSON, Warden, Varner Unit, ADC, et al. DEFENDANTS

ORDER

On November 18, 2021, Demario Wiley (“Wiley”), an inmate in the Arkansas Division of Correction, filed a pro se Complaint pursuant to

. (Doc. 1). On December 1, 2021, the Court issued an Initial Pro Se Prisoner Order that, among other things, directed Wiley to, on or before December 31, 2021, either pay the $402 filing fee, in full, or submit a completed in forma pauperis application. (Doc. 3). On December 15, 2021, the Clerk of the Court received a $52.00 check from Wiley, along with a letter from him stating that the check constituted his “remaining filing fee,” as he had previously submitted a $350.00 payment on October 30, 2021. (Doc. 4). However, the Clerk’s records indicate that the prior $350.00 check Wiley referenced was not processed, but instead voided and returned to the Arkansas Division of Corrections (“ADC”) Trust Fund Centralized Banking Office, enclosed with a November 18, 2021 letter from the Clerk. (See Doc. 4). In light of those circumstances, the Court entered an Order, on December 16, 2021, that directed the Clerk to process Wiley’s $52.00 payment and apply it to his account. (Id.). Additionally, this Order gave Wiley until January 15, 2022 to either: (1) submit the remaining $350.00 payment to complete his filing fee; or (2) file a completed in forma pauperis application. (/d.). Importantly, this Order cautioned Wiley that if he did not comply, his case would be dismissed, without prejudice. (/d.). On January 7, 2022, Wiley filed a Notice with the Court, stating: “The Plaintiff is now sending the remaining $350.00 of the filing fee,” which “was mailed to the Clerk’s Office on the date of December 20, 2021.” (Doc. 5). Although the Court received Wiley’s Notice (Doc. 5), as of March 30, 2022, the Court has not received the remaining $350 payment from Wiley. Nor has Wiley filed an application to proceed in forma pauperis. The time to do so has expired. 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.,

(1962) (district courts have power to dismiss sua sponte under Rule 41(b)). The Court certifies pursuant to

(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 30th day of March, 2022.

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LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE