Henderson v. Parker

United States District Court for the Eastern District of Arkansas

Henderson v. Parker

Trial Court Opinion

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

CANTRELL HENDERSON PLAINTIFF

v. Case No. 4:23-cv-00361-LPR

PARKER, Sergeant, Saline County Detention Facility, et al. DEFENDANTS

ORDER

On April 17, 2023, Plaintiff Cantrell Henderson, an inmate at the Saline County Detention Facility, filed a pro se complaint pursuant to

42 U.S.C. § 1983.1

On April 18, 2023, the Court ordered Mr. Henderson 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 Mail sent to Mr. Henderson was returned as undeliverable on May 4, 2023.3 Accordingly, and on that same date, the Court entered a text order directing Mr. Henderson to provide notice of his current mailing address within thirty days if he wished to proceed with this lawsuit.4 The Court warned Mr. Henderson that his failure to comply with the Order may cause his Complaint to be dismissed.5 Mr. Henderson has not complied with, or otherwise responded to, either the April 18 Order or the May 4 Order. The time for doing so has expired.

1 Compl. (Doc. 2). 2 Order (Doc. 4). 3 Doc. 6. 4 Order (Doc. 7). 5

Id.

Mr. Henderson’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 20th day of June 2023.

LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

See Link v. Wabash R.R. Co.,

370 U.S. 626, 630-31

(1962) (noting that district courts have power to dismiss sua sponte under Rule 41(b)).

Reference

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