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London v. Brush-Strode

United States District Court, W.D. Arkansas, Hot Springs Division

March 4, 2016

BARRY LONDON, PLAINTIFF
v.
BRUSH-STRODE, et al., DEFENDANTS

ORDER

SUSAN O. HICKEY UNITED STATES DISTRICT JUDGE

On August 6, 2014, Plaintiff Barry D. London submitted this pro se action for filing. (ECF No. 1). Currently before the Court is Plaintiff’s failure to comply with Court orders and failure to prosecute.

BACKGROUND

Beginning in February 2014, the Plaintiff has filed three lawsuits in this Court, Case No. 6:14-cv-6017, Case No. 6:14-cv-6058, and the instant case, 6:14-cv-6088. In each of these cases, Plaintiff has filed to comply with the Court’s orders.

Case No. 6:14-cv-6017

On February 7, 2014, Plaintiff filed in Case No. 6:14-cv-6017 in the Western District of Arkansas. On November 25, 2014, Plaintiff was ordered to complete and sign a Summary Judgment Questionnaire by December 23, 2014, in order to respond to a motion for summary judgment. (ECF No. 45). Plaintiff did not complete the questionnaire or respond to the Court’s Order.

On January 12, 2015, the Court ordered Plaintiff to complete a second Summary Judgment Questionnaire by February 2, 2015, in order to respond to another summary judgment motion. (ECF No. 52). Plaintiff responded on February 11, 2015, with a postmark date of February 5, 2015. (ECF No. 55).

A Report and Recommendation (“R&R”) was filed by Magistrate Judge Barry A. Bryant on July 20, 2015. In the R&R, Plaintiff was directed to file any objections no later than August 6, 2015. (ECF No. 56). Plaintiff filed an objection to the R&R on August 12, 2015, with a postmark date of August 10, 2015. (ECF No. 58). On September 23, 2015, the Court adopted the R&R and Plaintiff’s Complaint was dismissed with prejudice. (ECF No. 61).

On October 21, 2015, Plaintiff appealed the dismissal of his case to the Eighth Circuit Court of Appeals. (ECF No. 63). On November 2, 2015, the Court of Appeals entered an Order directing Plaintiff to either pay the filing fee or submit an in forma pauperis (“IFP”) application with this Court within twenty-one days. (ECF No. 67). Plaintiff did not comply with this Order and the case is closed.

Case No. 6:14-cv-06058

On April 14, 2014, Plaintiff filed this suit in the Eastern District of Arkansas. (ECF No. 1). On April 24, 2014, the case was properly transferred to the Western District of Arkansas. (ECF No. 3).

On March 30, 2015, mail sent to Plaintiff at the Ouachita River Unit of the Arkansas Department of Correction (“ADC”) was returned as undeliverable, noting that Plaintiff had been paroled and was no longer with the ADC. On April 7, 2015, the Court granted Defendants’ Motion to Take Plaintiff’s Deposition. (ECF No. 19). On April 16, 2015, mail sent to Plaintiff at the Ouachita River Unit was again returned as undeliverable. On that same day, the Court entered an Order changing Plaintiff’s address to the home address he provided to the detention center when he was booked.[1] (ECF No. 21). In the Order, Plaintiff was reminded of his obligation to keep the Court informed of his address at all times, and warned that failure to do so would result in dismissal of his case. The Order was not returned as undeliverable.

On May 1, 2015, the Court entered an Order scheduling a summary judgment hearing for October 8, 2015. (ECF No. 22). On October 1, 2015, the hearing was rescheduled for January 14, 2016 at 10:00 a.m. at the Federal Courthouse in Hot Springs. (ECF No. 26). Thereafter, on November 13, 2015, the Court entered an Order directing Plaintiff to respond by December 1, 2015, and inform the Court if he intended to appear for the January 14, 2016 hearing. (ECF No. 27). The Order was mailed to the Plaintiff and was not ...


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