Johnson v. Higgins

United States District Court for the Eastern District of Arkansas

Johnson v. Higgins

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION ARICK JOHNSON PLAINTIFF #251040 v. Case No: 4:24-cv-01085-JM-PSH

ERIC HIGGINS DEFENDANT ORDER Plaintiff Arick Johnson filed a pro se complaint, pursuant to

42 U.S.C. § 1983

, on December 10, 2024 (Doc. No. 2). The same day, the Court entered an order directing Johnson to submit the full $405.00 filing and administrative fees or file a fully completed in forma pauperis application within 30 days. See Doc. No. 3. Johnson was cautioned that failure to comply with the Court’s order within that time would result in the dismissal of his case. More than 30 days have passed, and Johnson has not complied or otherwise responded to the December 10 order. Accordingly, the Court finds that this action should be dismissed without prejudice for failure to comply with Local Rule 5.5(c)(2) and failure to respond to the Court’s orders. See Miller v. Benson,

51 F.3d 166, 168

(8th Cir. 1995) (District courts have inherent power to dismiss sua sponte a case for failure to prosecute, and exercise of that power is reviewed for abuse of discretion). IT IS THEREFORE ORDERED THAT Johnson’s complaint (Doc. No. 2) is DISMISSED WITHOUT PREJUDICE. DATED this 30th day of January, 2025. Om

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