Smith v. Adams et al

Filing 26

ORDER granting 21 defendant's Motion to Dismiss. The complaint is dismissed without prejudice. Signed by Judge Kristine G. Baker on 10/22/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ANTHONY SMITH
v.

PLAINTIFF
Case No. 4:13-cv00025-KGB-JTK

TIMOTHY ADAMS

DEFENDANT
ORDER

This matter is before the Court on defendant’s motion to dismiss, pursuant to Local Rule
5.5(c)(2), based on plaintiff’s failure to correspond and comply with discovery requests (Dkt.
No. 21). This Court directed plaintiff to file a response to the motion on July 2, 2013, and
cautioned him that failure to respond could result in the dismissal without prejudice of this
lawsuit for failure to prosecute (Dkt. No. 24). The copy of the Order sent to plaintiff at his lastknown address was returned to sender on July 10, 2013 (Dkt. No. 25). As of this date, plaintiff
has not filed a response to defendant’s motion to dismiss or to the Court’s July 2, 2013 Order.
Local Rule 5.5(c)(2) of the Rules of the United States District Courts for the Eastern and
Western Districts of Arkansas provides as follows:
It is the duty of any party not represented by counsel
to promptly notify the Clerk and the other parties to
the proceedings of any change in his or her address,
to monitor the progress of the case and to prosecute
or defend the action diligently . . . . If any communication from the Court to a pro se plaintiff is not
responded to within thirty (30) days, the case may be
dismissed without prejudice. . . .
In light of plaintiff’s failure to respond to defendant’s motion to dismiss or to the Court’s
July 2, 2013 Order, the Court dismisses plaintiff’s complaint without prejudice.
An appropriate Judgment shall accompany this Order.

IT IS SO ORDERED this 22nd day of October, 2013.

____________________________________
Kristine G. Baker
United States District Judge

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