Stricklin v. Mask et al

Filing 20

ORDER dismissing pltf's complaint without prejudice for failure to comply with Local Rule 5.5(c)(2); the Court certifies that an ifp appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith; all pending motions are DENIED as moot. Signed by Magistrate Judge H. David Young on 1/13/09. (mkf) Modified on 1/14/2009 to correct typographical error(mkf).

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION JOSHUA ALLEN STRICKLIN ADC #138119 V. PHIL MASK et al. ORDE R On November 18, 2009, the Court entered an order scheduling this matter for a bench trial on March 30, 2009 (docket entry #16). That same order directed Plaintiff to submit a list of proposed witnesses, including himself, if he intended to testify, no later than December 18, 2008. The order also warned Plaintiff that his failure to respond by December 18, 2008, could result in the dismissal of his lawsuit for failure to prosecute. To date, Plaintiff has not filed his witness list, or otherwise responded to the order. Under these circumstances, the Court concludes that Plaintiff's complaint should be dismissed without prejudice for failure to comply with Local Rule 5.5(c)(2). See Miller v. Benson, 51 F.3d 166, 168 (8th Cir. 1995) (District courts have inherent power to dismiss sua sponte a case for failure to prosecute, and exercise of that power is reviewed for abuse of discretion). IT IS THEREFORE ORDERED THAT: 1. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE for failure to comply NO: 4:08CV00436 HDY DEFENDANTS PLAINTIFF

with Local Rule 5.5(c)(2). 2. The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith. 1

3.

All pending motions are DENIED AS MOOT. day of January, 2009.

DATED this 13

UNITED STATES MAGISTRATE JUDGE

2