Carter v. Duncan et al

Filing 35

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION CARL RUSSELL CARTER, JR., V. PLAINTIFF 3:15CV00090 JTR BRETT DUNCAN, Administrator, Craighead County Jail, et al. DEFENDANTS 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. Id. 1 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: 1. Defendants' Motion to Dismiss (Doc. 32) is GRANTED, and this case is DISMISSED, WITHOUT PREJUDICE. 2. The Court CERTIFIES, pursuant to 28 U.S.C. ยง 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 -2-

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