Opinion
4:23-cv-01093-LPR-BBM
03-12-2024
DERRICK L. RUSSELL #266367 PLAINTIFF v. ERIC S. HIGGINS, Sheriff, Pulaski County; and MELANIE MARTIN, 3rd Division Judge, Little Rock District Court DEFENDANTS
ORDER
LEE P. RUDOFSKY, UNITED STATES DISTRICT JUDGE
On November 16, 2023, Plaintiff Derrick L. Russell, a prisoner in the Pulaski County Regional Detention Facility, filed a pro se Complaint pursuant to 42 U.S.C. § 1983. On November 28, 2023, the Court entered an Order directing Plaintiff to, within thirty (30) days, either pay the $402 filing fee or file a properly completed motion to proceed in forma pauperis. The Court warned Plaintiff that his failure to comply with the Order would result in the dismissal of his Complaint without prejudice. Plaintiff has not complied with or otherwise responded to the November 28, 2023 Order, and the time for doing so has expired.
Compl. (Doc. 2).
Order (Doc. 5). The Order was entered by United States Magistrate Judge Benecia B. Moore.
Id. at 3.
Accordingly, Plaintiff's Complaint (Doc. 2) is hereby DISMISSED without prejudice pursuant to Local Rule 5.5(c)(2) for failure to prosecute. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith.
IT IS SO ORDERED.