Wray-Kane v. West Memphis Police Department et al

Filing 14

ORDER DISMISSING CASE without prejudice for failure to prosecute. Signed by Judge James M. Moody on 12/16/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION DONNA LEE WRAY-KANE vs. PLAINTIFF 3:11CV00079 JMM WEST MEMPHIS POLICE DEPARTMENT, JOHN DOES 1-200 DEFENDANTS ORDER On October 27, 2011, the Court ordered Plaintiff to provide proof of service as to the Defendants on or before November 10, 2011. The Court warned Plaintiff that failure to do so would result in dismissal of the Complaint without prejudice. Plaintiff has failed to respond. The Court finds that the Plaintiff has failed to serve the Defendants and has not established “good cause” for this failure. The Court is aware that "[p]ro se litigants are allowed more latitude than litigants represented by counsel to correct defects in service of process and pleadings." Moore v. Agency for Int'l Development, 994 F.2d 874, 876 (D.C.Cir.1993). However, this latitude can only go so far. Plaintiff has failed to serve the Defendants and failed to respond to the Court’s Order. IT IS THEREFORE ORDERED pursuant to Rule 4(m) of the Federal Rules of Civil Procedure that the claims against the Defendants are hereby dismissed without prejudice for failure to prosecute. The Clerk is directed to close the case. Dated this 16th day of December, 2011. ____________________________ James M. Moody United States District Judge

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