Bivens et al v. Ball Healthcare Inc

Filing 52

ORDER DISMISSING WITHOUT PREJUDICE Plfs Kayland Carter, Anquinette Bryars Johnson, & Alexis Jones for failure to respond to Court's 33 Order & to prosecute this action. Signed by Senior Judge Callie V. S. Granade on 6/21/18. (copies mailed to Plfs Carter, Johnson & Jones on 6/21/18) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BELINDA BIVINS, et al.,
Plaintiff,
vs.
BALL HEALTHCARE SERVICES,
INC., d/b/a Robertsdale
Rehabilitation and Health Center,
Defendants.

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CIVIL ACTION NO. 18-0097-CG-M

ORDER
Plaintiffs Kayland Carter, Anquinette Bryars Johnson, and Alexis Jones
having failed to respond to the Order issued on May 23, 2018 (Doc. 33), and upon
consideration of the alternatives that are available to the Court, it is ORDERED
that the claims of Kayland Carter, Anquinette Bryars Johnson, and Alexis Jones
against Ball Healthcare Services, Inc. are hereby DISMISSED WITHOUT
PREJUDICE pursuant to F.R.Civ.P. 41(b) for failure to comply with the Court’s
order and to prosecute this action. See Link v. Wabash R. R., 370 U.S. 626, 630, 82
S.Ct. 1836, 8 L.Ed.2d 734 (1962) (interpreting Rule 41(b) not to restrict the court’s
inherent authority to dismiss sua sponte an action for lack of prosecution).
DONE and ORDERED this 21st day of June, 2018.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE