Phillips v. Williams et al

Filing 27

ORDER OF DISMISSAL dismissing Mr. Phillips's claims without prejudice based on his failure to comply with this Court's order and failure to prosecute this lawsuit; denying as moot 20 Defendant Williams's motion for summary judgment; and directing the Clerk of the Court to close this case. Signed by Magistrate Judge Beth Deere on 9/14/2016. (mef)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ANTIONA PHILLIPS V. PLAINTIFF CASE NO. 4:15-CV-736-BD CURTIS WILLIAMS DEFENDANT ORDER OF DISMISSAL Mr. Phillips, formerly an inmate at the Pulaski County Regional Detention Facility (“Detention Facility”), filed this lawsuit without the help of a lawyer under 42 U.S.C. § 1983. He is proceeding in forma pauperis. (Docket entries #1, #5) Mr. Phillips is no longer incarcerated at the Detention Facility as evidenced by mail returned to the Court on July 29, 2016, marked “undeliverable.” (#24) Because Mr. Phillips had not informed the Court of his new address as required by the Court’s local rules, the Court gave Mr. Phillips thirty days to notify the Court of his new address. (#25) The Court specifically cautioned Mr. Phillips that his lawsuit could be dismissed if he failed to comply with this Court’s order. Local Rule 5.5. To date, Mr. Phillips has not responded to the Court’s August 8, 2016 order, and the time for doing so has passed. Mr. Phillips’s claims are DISMISSED, without prejudice, based on his failure to comply with this Court’s order and the failure to prosecute this lawsuit. Defendant Williams’s motion for summary judgment (#20) is DENIED, as moot. The Clerk of the Court is directed to close this case. IT IS SO ORDERED, this 14th day of September, 2016. ____________________________________ UNITED STATES MAGISTRATE JUDGE 2

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