Porter v. McFadden

United States District Court for the Eastern District of Arkansas

Porter v. McFadden

Trial Court Opinion

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

JERMAINE PORTER PLAINTIFF #251673

v. Case No. 4:22-CV-00841-LPR

McFADDEN, Sheriff Officer, Pulaski County Detention Facility, et al. DEFENDANTS

ORDER

On September 13, 2022, Plaintiff Jermaine Porter, an inmate at the Pulaski County Detention Facility, filed a pro se complaint pursuant to

42 U.S.C. § 1983.1

On September 15, 2022, the Court ordered Mr. Porter to, within 30 days, either (1) return a completed in forma pauperis application, including an accompanying affidavit and jail account information sheet, or (2) pay the $402.00 filing and administrative fees.2 The September 15 Order was returned as undeliverable on October 3, 2022.3 Accordingly, and on that same date, the Court entered a text order directing Mr. Porter to provide notice of his current mailing address within 30 days if he wished to proceed with this lawsuit.4 The Court warned Mr. Porter that his failure to comply with the Order may cause his Complaint to be dismissed.5 Mr. Porter has not complied with, or otherwise responded to, either the September 15 Order or the October 3 Order. The time for doing so has expired.

1 Compl. (Doc. 1) at 1, 3. 2 Order (Doc. 2). The September 15 Order was entered by United States Magistrate Judge Patricia S. Harris.

Id.

3 Returned Mail (Doc. 3). 4 Order (Doc. 4). The October 3 Order was also entered by Judge Harris. 5

Id.

Mr. Porter’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.® 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 12th day of December 2022.

+ LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

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)).

Reference

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