Fells v. McFadden
Fells v. McFadden
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION
DANIEL FELLS PLAINTIFF #62711
v. Case No. 4:22-CV-01202-LPR
McFADDEN, Sheriff Officer, Pulaski County Detention Facility, et al. DEFENDANTS
ORDER
On November 28, 2022, Plaintiff Daniel Fells, an inmate at the Pulaski County Detention Facility, filed a pro se complaint pursuant to
42 U.S.C. § 1983.1On December 2, 2022, the Court ordered Mr. Fells 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 December 2, 2022 Order was returned as undeliverable on December 12, 2022.3 On December 13, 2022, the Court entered a text order, directing Mr. Fells to provide notice of his current mailing address within thirty days if he wished to proceed with this lawsuit.4 The Court warned Mr. Fells that failure to comply with either Order may result in the dismissal of his Complaint.5 Mr. Fells has not complied with, or otherwise responded to, the December 2, 2022 Order or the December 13, 2022 Order. The time for doing so has expired. Accordingly, Mr. Fells’s Complaint is DISMISSED without prejudice pursuant to Local Rule 5.5(c)(2) and Rule 41(b) of
1 Compl. (Doc. 1) at 1, 6. 2 Order (Doc. 2). The December 2, 2022 Order was entered by United States Magistrate Judge Patricia S. Harris.
Id.3 Returned Mail (Doc. 4). 4 Order (Doc. 2); Order (Doc. 5). The December 13, 2022 Order was also entered by Judge Harris. 5 Order (Doc. 5). 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 2nd day of March 2023.
LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE
6 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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