Williams v. Harris et al

Filing 40

ORDER dismissing without prejudice this case for Plaintiff's failure to prosecute. The Clerk is directed to close the case. Signed by Judge James M. Moody Jr. on 1/25/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
LLOYD DEE WILLIAMS
V.

PLAINTIFF
4:15CV00244 JM

SHAWN HARRIS,
Deputy Sheriff, Pope County
Sheriff’s Department, ET AL,

DEFENDANTS
ORDER

On January 7, 2016, the Court ordered Plaintiff to show cause why he had not responded to
the Defendants’ Motion to Compel which was filed on December 1, 2015. The Court directed
Plaintiff to file a response to the show cause order by January 19, 2016. Plaintiff has failed to
respond. Further, Plaintiff has not communicated with the Court since September 9, 2015 when he
provided the Court with a change of address. Since that time, the Court has received two notices
stating that mail sent to the Plaintiff at his new address was undeliverable.
Therefore, the case is dismissed without prejudice for Plaintiff’s failure to prosecute. See
Link v. Wabash R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962) ("The authority of a
federal trial court to dismiss a plaintiff's action with prejudice because of his failure to prosecute
cannot seriously be doubted. The power to invoke this sanction is necessary in order to prevent
undue delays in the disposition of pending cases and to avoid congestion in the calendars of the
District Courts."); Fed. R.Civ. P. 41(b); Rules of the United States District Court for the Eastern
and Western Districts of Arkansas, LR5.5(c)(2). The Clerk is directed to close the case.
IT IS SO ORDERED this 25th day of January, 2016.

_____________________________
James M. Moody Jr.
United States District Judge