IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION

BRITTANY McDANIELS PLAINTIFF

v. Civil No. 6:24-cv-06143-SOH-MEF

DOE DEFENDANT

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION This is a civil rights action filed under

. The case was directly assigned to the undersigned Magistrate Judge pursuant to General Order 2024-02, but not all parties to the action have consented to the jurisdiction of the undersigned. See

(c). Accordingly, the case will automatically be reassigned to Chief United States District Judge Susan O. Hickey and referred to the undersigned for a report and recommendation pursuant to the provisions of

(b)(1) and (3). I. BACKGROUND Plaintiff filed her Complaint in the Eastern District of Arkansas on November 5, 2024. (ECF No. 1). On November 6, 2024, Plaintiff’s case was transferred to this District. (ECF Nos. 2, 3). On November 13, 2024, the Court entered an Order directing Plaintiff to submit an in forma pauperis (“IFP”) application by December 4, 2024. (ECF No. 6). Plaintiff did so, and she was granted IFP status on December 2, 2024. (ECF Nos. 7, 8). On January 31, 2025, the Court entered an Order directing Plaintiff to submit an Amended Complaint to address deficiencies with her initial Complaint by February 21, 2025. (ECF No. 10). On February 24, 2025, the Order was returned as undeliverable indicating Plaintiff was not at the facility, and no forwarding address was available. (ECF No. 11). The deadline for Plaintiff to inform the Court of her new address was set for March 26, 2025. (Id.). To date, Plaintiff has failed to inform the Court of her new address or submit an Amended Complaint. II. LEGAL STANDARD Although pro se pleadings are to be construed liberally, a pro se litigant is not excused

from complying with substantive and procedural law. Burgs v. Sissel,

(8th Cir. 1984). The local rules state in pertinent part: It is the duty of any party not represented by counsel to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. ... If any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure.

Local Rule 5.5(c)(2).

Additionally, the Federal Rules of Civil Procedure specifically contemplate dismissal of a case on the grounds that the plaintiff failed to prosecute or failed to comply with orders of the court. Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co.,

(1962) (stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)). Pursuant to Rule 41(b), a district court has the power to dismiss an action based on “the plaintiff’s failure to comply with any court order.” Brown v. Frey,

(8th Cir. 1986) (emphasis added). III. ANALYSIS Plaintiff has failed to keep the Court advised of her current address. Plaintiff has failed to comply with two Court Orders. Plaintiff has, therefore, failed to prosecute this matter. Accordingly, pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule 5.5(c)(2), Plaintiff’s Complaint should be dismissed without prejudice for failure to comply with the Court’s Local Rules and Orders and failure to prosecute this case. IV. CONCLUSION Accordingly, it is RECOMMENDED that Plaintiff’s Complaint (ECF No. 1) be DISMISSED WITHOUT PREJUDICE. Referral Status: This case should not remain referred because all matters have been

recommended for dismissal in this Report and Recommendation. The parties have fourteen (14) days from receipt of the Report and Recommendation in which to file written objections pursuant to

(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 1st day of April 2025. /s/ HON. MARK E. FORD UNITED STATES MAGISTRATE JUDGE