Boyd v. Austin

United States District Court for the Eastern District of Arkansas

Boyd v. Austin

Trial Court Opinion

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

ANTONIO EARL BOYD PLAINTIFF #8837

v. Case No. 4:22-cv-01051-LPR

AUSTIN, Sergeant, Pulaski County Regional Detention Facility DEFENDANT

ORDER

On October 31, 2022, Antonio Earl Boyd (“Plaintiff”), an inmate in the Pulaski County Detention Facility (“PCDF”), filed a pro se Complaint pursuant to

42 U.S.C. § 1983.1

On April 7, 2023, mail sent to Plaintiff at his address of record, PCDF, was returned undeliverable.2 On April 11, 2023, 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 may result in dismissal of his Complaint.4 Plaintiff has not complied with the April 11, 2023 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. 2). 2 Returned Mail (Doc. 6). 3 Order (Doc. 7). 4

Id. at 2

. 5 Recent mail sent by the Court to Plaintiff was also returned undelivered. See Returned Mail (Docs. 9, 10, 15, 18). 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

, 630–33 (1962) (noting that district courts have 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 20th day of June 2023.

LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

Reference

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