Fritts v. Correctional Medical Services et al

Filing 47

ORDER granting 45 MOTION to Dismiss for Lack of Prosecution filed by Genia Snyder, Dona Gordon, Correctional Medical Services Inc, Shirley Carpenter, and Ruloff Turner; pltf's claims against the remaining Doe Defendants are dismissed, and pltf's complaint is DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge H. David Young on 9/19/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BRANDON FRITTS
ADC #120999
V.

PLAINTIFF

NO: 5:10CV00187 HDY

CORRECTIONAL MEDICAL
SERVICES, INC. et al.

DEFENDANTS
ORDER

Plaintiff filed this complaint on June 28, 2011. On August 29, 2011, Defendants Shirley
Carpenter, Correctional Medical Services, Inc., Dona Gordon, Genia Snyder, and Ruloff Turner,
filed a motion to dismiss, along with a brief in support (docket entries #45-#46). According to
Defendants, they have been preparing a motion for summary judgment, but have learned that
Plaintiff has been paroled, and he has not provided them or the Court with his updated address.
Although more than 14 days have passed, Plaintiff has not responded. Accordingly, the motion
should be granted. See Local Rule 5.5(c)(2) (pro se party has duty to notify Clerk and other parties
of change in address, and to prosecute action diligently).
The Court additionally notes that Plaintiff named as Defendants certain Does. On January
19, 2011, Plaintiff was ordered to provide names and specific allegations against any further Does
within 30 days, and was warned that his failure to do so would result in the dismissal of his claims
against the other Does (docket entry #21). Although more than 30 days have passed, Plaintiff has
provided nothing in response to that order. Accordingly, Plaintiff’s claims against the Does should
be dismissed. See Fed.R.Civ.P. 4(m) (providing for the without prejudice dismissal of action as to
individual Defendant if service not made within 120 days of filing of complaint).

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IT IS THEREFORE ORDERED THAT:
1.

The motion to dismiss filed by Defendants Shirley Carpenter, Correctional Medical

Services, Inc., Dona Gordon, Genia Snyder, and Ruloff Turner (docket entry #45), is GRANTED.
2.

Plaintiff’s claims against the remaining Doe Defendants are DISMISSED.

3.

Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED this

19

day of September, 2011.

UNITED STATES MAGISTRATE JUDGE

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