Burton v. Jegley et al

Filing 11

ORDER dismissing without prejudice all of plaintiff's remaining claims; directing the Clerk of the Court to close this case. Signed by Judge Billy Roy Wilson on 1/9/2015. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MONTRELL BURTON ADC #150775 V. PLAINTIFF CASE NO. 4:14-CV-317 BRW LARRY JEGLEY, et al. DEFENDANTS ORDER Montrell Burton, formerly an inmate at the Pulaski County Regional Detention Facility, filed this lawsuit pro se, alleging that the Defendants violated his constitutional rights. (Docket entry #2) The Court previously dismissed several of Mr. Burton’s claims, but allowed him additional time to identify and serve the Doe Defendant, who allegedly violated Mr. Burton’s fourth amendment rights. The Court ordered Mr. Burton to identify and serve the Doe Defendant by October 20, 2014. (#10) As of this date, Mr. Burton has not responded to the Court’s July 8, 2014 Order requiring him to identify and serve the Doe Defendant. For this reason, he cannot proceed on his only remaining federal claim. Because there is no federal claim left in this lawsuit, the Court declines to exercise jurisdiction over Mr. Burton’s state law tort claim against Defendant Holiday. All of Mr. Burton’s remaining claims are DISMISSED, without prejudice, for failure to comply with this Court’s July 8, 2014 Order to timely identify and serve the Doe Defendant. See Local Rule 5.5 and FED. R. CIV. P. 4(m). The Clerk of the Court is directed to close this case. IT IS SO ORDERED, this 9th day of January, 2015. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE

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