Clark v. Etherly et al

Filing 57

ORDER dismissing this action without prejudice for failure to prosecute. Signed by Judge J. Leon Holmes on 8/30/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
BUFORD CLARK,
ADC #150630
v.

PLAINTIFF
No. 2:15CV00087-JLH-JTK

MARCUS ETHERLY, et al.

DEFENDANTS
ORDER

On this 30th day of August, 2018, the Court conducted a telephone conference regarding the
status of this case, which is scheduled for trial on Tuesday, September 4, one day after Labor Day.
The Court was informed that the plaintiff, Buford Clark, was released from the Arkansas Department
of Correction more than a month ago, but his current whereabouts cannot be ascertained. He has
not been in contact with his court-appointed lawyer, Arkie Byrd. Ms. Byrd stated that she has no
reason to believe that he will appear for trial.
Because Buford Clark has failed to keep in communication with his court-appointed lawyer,
and because there is reason to believe that he will not appear for trial on September 4, 2018, this
action is dismissed without prejudice for failure to prosecute.
IT IS SO ORDERED this 30th day of August, 2018.

_________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE