Parker v. Edwards

United States District Court for the Eastern District of Arkansas

Parker v. Edwards

Trial Court Opinion

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

MICHEAL PARKER PLAINTIFF

v. Case No. 4:22-cv-01096-LPR

EDWARDS, Captain, White County Detention Center, et al. DEFENDANTS

ORDER

On November 14, 2022, Micheal Parker (“Plaintiff”), an inmate in the White County Detention Center (“WCDC”), filed a pro se Complaint pursuant to

42 U.S.C. § 1983.1

On December 23, 2022, mail sent to Plaintiff at his address of record, the WCDC, was returned undelivered.2 On December 28, 2022, the Court entered an Order directing Plaintiff to file a notice of his current mailing address, within thirty (30) days, if he wished to proceed with this lawsuit.3 The Court warned Plaintiff that failure to comply with the Order would result in the dismissal of his Complaint.4 Plaintiff has not complied with or otherwise responded to the December 28, 2022 Order, and the time for doing so has passed.5 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.6 The Court certifies

1 Compl. (Doc. 1). 2 Returned Mail (Doc. 3). 3 Order (Doc. 4). 4

Id.

5 Recent mail sent by the Court to Plaintiff was also returned undelivered. See Returned Mail (Doc. 5); Returned Mail (Doc. 6). Under Local Rule 5.5(c)(2), it is Plaintiff’s responsibility to promptly notify the Court of an address change. He has not done so. 6 See Link v. Wabash R.R. Co.,

370 U.S. 626, 630-31

(1962) (district courts have the power to dismiss sua sponte under Rule 41(b)). 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 28th day of February 2023.

LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

Reference

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