Carter v. Duncan et al
ORDER OF DISMISSAL. Defendants' motion to dismiss, 32 , is granted and this case is dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Order of Dismissal would not be taken in good faith. Signed by Magistrate Judge J. Thomas Ray on 5/23/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CARL RUSSELL CARTER, JR.,
BRETT DUNCAN, Administrator,
Craighead County Jail, et al.
ORDER OF DISMISSAL1
In April of 2015, Plaintiff commenced this action pro se action while he was
a prisoner in the Craighead County Jail. Doc. 1. In October of 2015, Plaintiff was
released from custody. Doc. 27.
In February of 2016, Plaintiff canceled his scheduled deposition due to a family
emergency. Doc. 32. Thereafter, Plaintiff did not respond to Defendants' letter
seeking to reschedule his deposition. Id. Defendants then sent Plaintiff Notices, by
U.S. Mail and Federal Express, setting his deposition for April 22, 2016. Id.
Although both Notices were received by Plaintiff, he did not appear for his deposition.
On September 16, 2015, the parties consented to proceed before a United States Magistrate
Judge. Doc. 24.
Accordingly, Defendants have filed a Motion seeking dismissal of this case due
to Plaintiff's failure to participate in discovery. Doc. 32. Plaintiff has not responded
to that Motion, and the time for doing so has expired.
After careful consideration, the Court finds good cause for granting Defendants'
Motion to Dismiss. See Fed. R. Civ. P. 37(b)(2)(A)(v) and (d)(1)(A)(i).
IT IS THEREFORE ORDERED THAT:
Defendants' Motion to Dismiss (Doc. 32) is GRANTED, and this case is
DISMISSED, WITHOUT PREJUDICE.
The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in
forma pauperis appeal from this Order of Dismissal would not be taken in good faith.
Dated this 23rd day of May, 2016.
UNITED STATES MAGISTRATE JUDGE
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