Jennings v. Anderson

Full title: JHAKOBY JENNINGS PLAINTIFF v. MIKE ANDERSON, et. al. DEFENDANTS

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION

Date published: Mar 31, 2017

Civil No. 5:17-CV-05032 (W.D. Ark. Mar. 31, 2017)

Opinion

Civil No. 5:17-CV-05032

03-31-2017

JHAKOBY JENNINGS PLAINTIFF v. MIKE ANDERSON, et. al. DEFENDANTS

HON. TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE

OPINION AND ORDER

This is a civil rights case filed by the Plaintiff Jhakoby Jennings under the provisions of 42 U.S.C. § 1983. Jennings proceeds pro se and has submitted an application for in forma pauperis ("IFP") status. He is incarcerated in the Ouachita River Correctional Unit of the Arkansas Department of Correction. At all times relevant to this case, Plaintiff was incarcerated at the Nevada County Jail.

Plaintiff was advised his IFP application was incorrect because he had completed the certificate of inmate account form himself, rather than having it completed by a jail official. By order (Doc. 3) entered on February 16, 2017, Plaintiff was directed to file a completed IFP application or pay the filing fee by March 6, 2017.

On February 28, 2017, mail was returned as undeliverable with a notation that Plaintiff was no longer at the jail. Court staff were able to locate a new address for Plaintiff and a change of address was entered on his behalf. All mail returned as undeliverable was resent. This mail was not returned as undeliverable. A completed IFP application was not filed.

By order (Doc. 5) entered on March 7, 2017, Plaintiff was given until March 20, 2017, to show cause why this action should not be dismissed for failure to comply with a Court order. This mail was not returned as undeliverable.

On March 8, 2017, Plaintiff filed a second incorrect IFP application. (Doc. 6) Plaintiff had again filled out the certificate of inmate account form himself instead of having it completed by a jail official. By order (Doc. 7) Plaintiff was again advised that the IFP application must be completed and signed by a jail official, and was given until March 27, 2017, to submit a properly completed IFP application. This mail was not returned as undeliverable.

To date, Plaintiff has not responded to the show cause order (Doc. 5), has not filed a properly completed IFP application, and has not submitted a filing fee. For these reasons, this case is DISMISSED WITHOUT PREJUDICE for failure to prosecute this action and failure to obey the orders of the Court. Fed. R. Civ. P. 41(b).

IT IS SO ORDERED on this 31^st day of March, 2017

/s/_________

HON. TIMOTHY L. BROOKS

UNITED STATES DISTRICT JUDGE