Swift v. McAulifee

Filing 40

ORDER re 38 plaintiff failed to respond to Order to Show Cause, case dismissed with prejudice. Signed by Honorable Harry F. Barnes on July 15, 2010. (cnn)

Swift v. McAulifee

Doc. 40

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

RICKEY SWIFT

PLAINTIFF

VS.

CASE NO. 07-CV-1055

SGT. McAULIFEE

DEFENDANT

ORDER On July 7, 2010, the Court entered a show cause order in the above styled and numbered case. (Doc. No. 38). In the order, the Court directed the Plaintiff to show cause by July 14, 2010, why he had failed to comply with the Court's order directing him to provide Defendant with documents responsive to Defendant's discovery requests and why he had failed to respond to Defendant's pending Motion to Dismiss. The order advised the Plaintiff that failure to respond to the order or to show cause would result in the Court granting Defendant's Motion to Dismiss and dismissing this action with prejudice. Plaintiff has failed to respond to the Court's show cause order. Accordingly, the Court finds that Defendant's Motion to Dismiss (Doc. No. 35) should be and hereby is granted. Plaintiff's Complaint against Defendant Sergeant Kevin McAuliffe is hereby dismissed with prejudice. See Fed. R. Civ. P. 37(b)(2)(A)(v) and 41(b). IT IS SO ORDERED, this 15th day of July, 2010.

/s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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