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Robinson v. Blackman

October 26, 2007

ANTONIO ROBINSON ADC #108305 PLAINTIFF
v.
DR. JAMES BLACKMAN, CUMMINS UNIT, ADC, ET AL. DEFENDANTS



ORDER OF DISMISSAL

Plaintiff, Antonio Robinson, who is currently incarcerated at the Cummins Unit of the Arkansas Department of Correction, has commenced this pro se § 1983 action alleging that Defendants are violating his constitutional rights. See docket entries #2 and #6. On September 20, 2007, the Court entered an Order giving Plaintiff thirty days to file: (1) prison trust fund calculation sheets that had been fully and properly completed by an authorized official at the Cummins Unit; and (2) an Amended Complaint "specifying how Defendants Chance, Mosely, Wiese, and Shirey were each involved in the alleged inadequate medical care he received for his head injuries."*fn1 See docket entry #3 at 3 (emphasis in the original). Importantly, the Court advised Plaintiff that the failure to timely and properly do so would result in the dismissal of his case, without prejudice, pursuant to Local Rule 5.5(c)(2).*fn2 Id.

On October 18, 2007, Plaintiff filed an Amended Complaint that generally described his inadequate medical care claim but did not specify how Defendants Chance, Mosely, Wiese, and Shirey were each involved. See docket entry #6. Additionally, on October 23, 2007, Plaintiff filed blank prison trust fund calculation sheets that have not been completed by an authorized official at the Cummins Unit. See docket entry #7. Plaintiff's filings do not comply with the Court's September 20, 2007 Order, and the time for doing so has expired.

IT IS THEREFORE ORDERED THAT:

1. Pursuant to Local Rule 5.5(c)(2), this case is DISMISSED, WITHOUT PREJUDICE, due to Plaintiff's failure to timely and properly comply with the Court's September 20, 2007 Order (docket entry #3).

2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order of Dismissal and the accompanying Judgment would not be taken in good faith.

3. Plaintiff's Application to Proceed In Forma Pauperis (docket entry #1) and Motion for a Preliminary Injunction (docket entry #5) are DENIED AS MOOT.

Dated this 26th day of ...


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