Lafferty v. Babbit et al

Filing 24

ORDER dismissing Lafferty's claims without prejudice and denying as moot 14 motion for summary judgment. Signed by Chief Judge Brian S. Miller on 10/29/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
RAYMOND KYLE LAFFERTY
ADC #655176
V.

PLAINTIFF

CASE NO. 4:14CV00156 BSM

CARL BABBIT, et al.

DEFENDANTS
ORDER

Raymond Kyle Lafferty filed this lawsuit pro se under 42 U.S.C. § 1983, alleging that
his constitutional rights were violated while he was incarcerated at the Saline County Jail.
On August 5, 2014, defendants moved for summary judgment on all of Lafferty’s claims.
Due to his expected release from custody, Lafferty was given until September 8, 2014, to
respond to the motion. See Doc. No. 20. That order was returned as undeliverable. On
September 4, 2014, Lafferty was ordered to provide an updated address within thirty days,
and was specifically warned that his failure to comply with the order could result in the
dismissal of his claims without prejudice. That order was also returned as undeliverable. As
of this date, Lafferty has not complied with the September 4, 2014 order, and the time for
doing so has passed. Accordingly, Lafferty’s claims are dismissed, without prejudice, under
Local Rule 5.5. Defendants’ motion for summary judgment [Doc. No. 14] is denied as moot.
IT IS SO ORDERED this 29th day of October 2014.

________________________________
UNITED STATES DISTRICT JUDGE