Obamas et al v. Nance et al
ORDER APPROVING AND ADOPTING PROPOSED FINDINGS AND RECOMMENDED PARTIAL DISPOSITION in their entirety as this Court's findings in all respects; granting 36 motion to dismiss defendant Tiera Pickering; and dismissing this action without prejudice due to lack of prosecution. Signed by Judge Kristine G. Baker on 12/03/2014. (rhm)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
Case No. 1:14-cv-00029-KGB/JTR
DR. MELVIN NANCE,
Grimes Unit, ADC, et al.
The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge J. Thomas Ray (Dkt. No. 41). No objections have
been filed, and the time for filing objections has passed. After careful consideration, the Court
concludes that the Proposed Findings and Recommended Partial Disposition should be, and
hereby are, approved and adopted in their entirety as this Court’s findings in all respects. It is
therefore ordered that plaintiff Jack Freeman’s motion to dismiss defendant Tiera Pickering is
granted and Ms. Pickering is dismissed from this action without prejudice (Dkt. No. 36).
Further, on October 7, 2014, defendants filed a motion for summary judgment (Dkt. No.
38). On October 14, 2014, the Court entered an Order directing Mr. Freeman to file, within
thirty days, a response to that motion and a separate statement of disputed facts (Dkt. No. 42).
That Order also warned Mr. Freeman that failure to do so would result in: (1) all of the facts in
defendants’ summary judgment papers being deemed admitted by him, pursuant to Local Rule
56.1(c); or (2) dismissal of this action without prejudice pursuant to Local Rule 5.5(c)(2). Local
Rule 5.5(c)(2) states:
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 shall 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 shall be expected to be
familiar with and follow the Federal Rules of Civil Procedure.
More than 30 days have passed since the Court entered its Order, and Mr. Freeman has
failed to file either the required response or a request for extension of time. Accordingly, the
Court finds that this action should be dismissed without prejudice pursuant to Local Rule
5.5(c)(2). It is therefore ordered that this case is dismissed without prejudice due to lack of
prosecution. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal would not be taken in good faith.
SO ORDERED this the 3rd day of December, 2014.
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
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