Hart v. Childress

Filing 25

ORDER OF DISMISSAL without prejudice. Defendant's 20 Motion to Dismiss is granted. Defendant's 15 Motion for Summary Judgment is dismissed as moot. The Court certifies that an in forma pauperis appeal from this Order of Dismissal and the accompanying Judgment would not be taken in good faith. Signed by Magistrate Judge J. Thomas Ray on 04/29/2013. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JERRY HART v. PLAINTIFF 3: 12CV00203 JTR AMANDA CHILDRESS, Nurse, Crittenden County Detention Facility DEFENDANT ORDER OF DISMISSAL 1 Plaintiff, Jerry Hart, has filed this prose ยง 1983 action alleging that Defendant Amanda Childress failed to provide him with adequate medical care while he was confined in the Crittenden County Detention Facility. See Docs. #2 and #4. On March 22, 2013, Defendant moved for summary judgment on the merits of that claim. See Doc. #15. On March 26, 2013, the Court entered an Order giving Plaintiffthirty days to file a Response to Defendant's Motion for Summary Judgment. See Doc. # 18. Importantly, the Court reminded Plaintiff that, pursuant to Local Rule 5.5(c)(2), his case could be dismissed, without prejudice, ifhe failed to timely do so. !d. As ofthe date of this Order ofDismissal, Plaintiffhas failed to comply with the 1 On December 7, 2012, the parties consented to proceed before a United States Magistrate Judge. See Doc. # 14. March 26, 2013 Order, and the time for doing so has expired. Accordingly, Defendant has filed a Motion asking the Court to dismiss this case, without prejudice, pursuant to Local Rule 5.5(c)(2). See Doc. #20. The Court finds good cause for granting that request. IT IS THEREFORE ORDERED THAT: 1. Defendant's Motion to Dismiss (Doc. #20) is GRANTED, and this case is DISMISSED, WITHOUT PREJUDICE. 2. Defendant's Motion for Summary Judgment (Doc.# 15) is DISMISSED, AS MOOT. 3. The Court CERTIFIES, pursuant to LoLl Rule 5.5(c)(2), that an in forma pauperis appeal from this Order ofDismissal and the accompanying Judgment would not be taken in good faith. Dated this 2'1~ day of April, 2013. -2-

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