Erwin v. Shilar

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
BILL ERWIN, 	PLAINTIFF
# 2300000193
v. 	4:25CV01002-KGB-JTK
KATHERN SHILAR 	DEFENDANT
PROPOSED FINDINGS AND RECOMMENDATIONS
INSTRUCTIONS
The following recommended disposition (“Recommendation”) has been sent to Chief
United States District Judge Kristine G. Baker. 	Any party may file written objections to all or
part of this Recommendation. 	If you do so, those objections must: (1) specifically explain the
factual and/or legal basis for your objections; and (2) be received by the Clerk of this Court within
fourteen (14) days of this Recommendation. 	By not objecting, you may waive the right to appeal
questions of fact.
DISPOSITION
Bill Erwin (“Plaintiff”) is in custody at the Dallas County, Arkansas, Detention Center.
Plaintiff filed a pro se Complaint pursuant to 42 U.S.C. § 1983. 	(Doc. No. 1). 	But Plaintiff did
not submit the $405.00 filing fee or an application for leave to proceed in forma pauperis (“IFP
Motion”).
On September 26, 2025, the Court directed Plaintiff to either submit the $405.00 filing fee
or an IFP Motion within 30 days. 	(Doc. No. 2). 	To date, Plaintiff has not paid the filing fee,
filed an IFP Motion, or otherwise responded to the Court’s September 26 Order.
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Rule 5.5(c)(2) of the Local Rules for the United States District Court for the Eastern and
Western Districts of Arkansas provides:
It is the duty of any party not represented by counsel to promptly notify the Clerk
and the other parties to the proceedings of any change in his or her address, to
monitor the progress of the case, and to prosecute or defend the action diligently.
A party appearing for himself/herself must sign his/her pleadings and state his/her
address, zip code, and telephone number. If any communication from the Court to
a pro se plaintiff is not responded to within thirty (30) days, the case may be
dismissed without prejudice. 	Any party proceeding pro se must be expected to be
familiar with and follow the Federal Rules of Civil Procedure.
Local Rule 5.5(c)(2).
In the September 26, 2025, Order, the Court informed Plaintiff of his responsibility to
comply with Local Rule 5.5(c)(2). 	(Doc. No. 2 at 2). 	Nonetheless, Plaintiff has not responded
to the Order. 	Because Plaintiff has not responded to the Court’s September 26, 2025, Order his
case should be dismissed without prejudice for failure to prosecute. 	Local Rule 5.5(c)(2); Fed. R.
Civ. P. 41(b).
IT IS, THEREFORE, RECOMMENDED that:
1. 	Plaintiff’s Complaint be DISMISSED without prejudice for failure to prosecute.
2. 	The Court certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from any Order adopting this Recommendation and the accompanying Judgment would not
be taken in good faith.
Dated this 14th day of November, 2025.
____________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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