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Evans v. Robinson

July 17, 2007

TERRY EVANS PLAINTIFF
v.
GERALD ROBINSON, SHERIFF, JEFFERSON COUNTY, ARKANSAS; AND MIKE HURST, JAIL ADMINISTRATOR, W.C. "DUB" BRASSELL DETENTION CENTER DEFENDANTS



ORDER

Plaintiff initiated this § 1983 action by filing a Complaint alleging various constitutional claims. In an Order dated June 12, 2007 (docket entry #3), the Court granted Plaintiff's In Forma Pauperis application and directed him to file an Amended Complaint containing certain specifically requested information.

Local Rule 5.5(c)(2) provides that if any communication from the Court to a pro se litigant is not responded to within thirty days, the case may be dismissed without prejudice. More than thirty days have passed since the entry date of that Order, and Plaintiff has not responded to the Court's Order.

Under these circumstances, the Court concludes that this case should be dismissed without prejudice for failure to comply with Local Rule 5.5(c)(2). See Miller v. Benson, 51 F.3d 166, 168 (8th Cir. 1995) ("District courts have inherent power to dismiss sua sponte a case for failure to prosecute, and we review the exercise of this power for abuse of discretion.")

IT IS THEREFORE ORDERED that Plaintiff claims be and they are hereby DISMISSED WITHOUT PREJUDICE.

DATED this 17th day of July, 2007.

20070717

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