Jones v. Foster et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 46 plaintiff has failed to comply with orders of this court and prosecute his case; granting 42 Motion to Dismiss; case dismsised without prejudice. Signed by Honorable Susan O. Hickey on December 5, 2012. (cnn)

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

V.

PLAINTIFF

CIVIL NO. 1:10-cv-01006

SHERIFF DANNY FOSTER; and
CPT. TRUMAN YOUNG

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed October 16, 2012 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 46). Judge Bryant has reviewed Defendants’ Motion to Dismiss, (ECF No. 42), and
recommends dismissal because Plaintiff failed to comply with a Court Order and failed to
prosecute his case. The parties have not filed objections to the Report and Recommendation, and
the time for doing so has passed. See 28 U.S.C. § 636(b)(1). After a de novo review of the
record, the Court adopts Judge Bryant’s report as its own.
Plaintiff has apparently moved from the address where he resided at the time this action
was filed. All mail has since been returned to the Court as undeliverable. Judge Bryant advised
Plaintiff on at least three separate occasions that he must keep the court informed of his current
address, and he has not done so. Plaintiff also did not respond to Defendants’ Motion to Dismiss.
On October 1, 2012, Judge Bryant issued a Show Cause Order (ECF No. 44) giving
Plaintiff 12 days to show cause why this case should not be dismissed based on his failure to
keep the Court informed of his current address. Plaintiff failed to respond. Plaintiff’s failure to

comply with Judge Bryant’s Order and failure to prosecute his case is grounds for dismissal. See
Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962).
Accordingly, the Court adopts Judge Bryant’s Report and Recommendation in its
entirety. For the reasons stated above, and those in Judge Bryant’s report, Defendants’ Motion to
Dismiss should be and hereby is GRANTED, and the case is DISMISSED WITHOUT
PREJUDICE.
IT IS SO ORDERED, this 5th day of December, 2012.

/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge