Plessy v. Griffin et al

Filing 88

ORDER dismissing this case, without prejudice; denying as moot 80 83 Defendants' Motions for Summary Judgment; allowing the motions to be renewed if Plessy chooses to refile the claims raised in this action; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 10/30/2017. (kdr)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
QUINCY JAY PLESSY,
ADC #149962
V.

PLAINTIFF
5:16CV00276 JM/JTR

JASON KELLEY, Health Services Administrator,
Varner Unit, ADC, et al.

DEFENDANTS

ORDER
Plaintiff Quincy Jay Plessy has not complied with the Court's discovery Orders (Docs. 77
& 79), and the time to do so has expired. Importantly, Plessy was warned that the failure to timely
and properly comply with those discovery Orders would result in the dismissal of this action. Id.
IT IS THEREFORE ORDERED THAT:
1.

This case is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P.

37(b)(2)(v).
2.

Defendants' Motions for Summary Judgment (Docs. 80 & 83) are DENIED AS

MOOT and may be renewed if Plessy chooses to refile the claims raised in this action.
3.

It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.
Dated this 30th day of October, 2017.
________________________________
UNITED STATES DISTRICT JUDGE