Wilmoth v. Payne et al, No. 2:2021cv00076 - Document 12 (E.D. Ark. 2022)

Court Description: ORDER denying as moot 8 Proposed Findings and Recommendations; dismissing, without prejudice, 2 Complaint for failure to prosecute; and certifying that an in forma pauperis appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 9/6/2022. (ldb)

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Wilmoth v. Payne et al Doc. 12 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION MICHAEL SHANE WILMOTH ADC #105408 v. PLAINTIFF Case No: 2:21-cv-00076 KGB DEXTER PAYNE, Director, Arkansas Division of Correction, et al. DEFENDANTS ORDER When plaintiff Michael Shane Wilmoth filed this lawsuit, he was in custody at the East Arkansas Regional Unit of the Arkansas Division of Correction (“ADC”) (Dkt. No. 2). On October 25, 2021, mail to Mr. Wilmoth was returned undeliverable (Dkt. No. 9). As a result, the Court entered a show cause Order to require Mr. Wilmoth to inform the Court of his current contact information within 30 days of the entry of the show cause Order and to provide the Court with a valid mailing address (Dkt. No. 10). The Court notified Mr. Wilmoth that failure to provide the Court with a valid mailing address within 30 days may result in dismissal of his case without prejudice for failure to prosecute (Id.). See Local Rule 5.5 of the United States District Court for the Eastern and Western Districts of Arkansas. As of the date of this Order, Mr. Wilmoth has not complied with or otherwise responded to the Court’s August 1, 2022, Order, and the time for doing so has passed. Accordingly, Mr. Wilmoth’s complaint is dismissed without prejudice for failure to prosecute (Dkt. No. 2), and the pending Proposed Findings and Recommendations are denied as moot (Dkt. No. 8). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Dockets.Justia.com So ordered this 6th day of September, 2022. _____________________________ Kristine G. Baker United States District Judge 2

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