Opinion
3:24CV00035-KGB-JTK
06-05-2024
JEFFREY ELMORE, ADC # 091418 PLAINTIFF v. THOMAS HURST, et al. DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATIONS
JEROME T. KEARNEY, UNITED STATES MAGISTRATE JUDGE
INSTRUCTIONS
The following recommended disposition (“Recommendation”) has been sent to Chief United States District Judge Kristine G. Baker. Any party may file written objections to all or part of this Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or legal basis for your objections; and (2) be received by the Clerk of this Court within fourteen (14) days of this Recommendation. By not objecting, you may waive the right to appeal questions of fact.
DISPOSITION
Jeffrey Elmore (“Plaintiff”) is in custody at the Cummins Unit of the Arkansas Division fo Correction. Plaintiff filed a pro se Complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 2). The Court screened Plaintiff's Complaint pursuant to the Prison Litigation Reform Act (“PLRA”) on March 18, 2014 and found that Plaintiff failed to state a claim on which relief may be granted. (Doc. No. 6). The Court gave Plaintiff the opportunity to file an Amended Complaint within 30 days and advised Plaintiff that if he did not do so, the Court would recommend that his Complaint be dismissed. (Id. at 5-6) (citing Rule 5.5(c)(2) of the Local Rules of the Eastern and Western Districts of Arkansas). On April 30, 2024, the Court gave Plaintiff an additional 30 days in which to file an Amended Complaint because Plaintiff said he mailed an amended pleading, but feared it had been lost. (Doc. No. 15).
To date, Plaintiff has not filed an Amended Complaint or otherwise responded to the Court's March 18, 2024 Order.
Rule 5.5(c)(2) of the Local Rules for the United States District Court for the Eastern and Western Districts of Arkansas provides:
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. A party appearing for himself/herself must sign his/her pleadings and state his/her address, zip code, and telephone number. 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 must be expected to be familiar with and follow the Federal Rules of Civil Procedure.
LOCAL RULE 5.5(c)(2).
In the March 18, 2024 Order, the Court informed Plaintiff of his responsibility to comply with Local Rule 5.5(c)(2). (Doc. No. 6 at 1). Nonetheless, Plaintiff has not responded to the March 18, 2024 Order by filing an Amended Complaint. Because Plaintiff has not responded to the Court's March 18, 2024 Order, his case should be dismissed without prejudice for failure to prosecute. LOCAL RULE 5.5(c)(2); FED. R. CIV. P. 41(b).
IT IS, THEREFORE, RECOMMENDED that:
1. Plaintiff's Complaint be DISMISSED without prejudice for failure to prosecute.
2. The Court certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting this Recommendation and the accompanying Judgment would not be taken in good faith.