Teas v. Conger et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety. Further dismissing Plaintiff's Complaint with Prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Signed by Honorable P. K. Holmes, III on December 5, 2012. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MARK TEAS v. PLAINTIFF Case No. 2:11-CV-02230 FORMER CAPTAIN CONGER; CAPTAIN DEVANE; LIEUTENANT JACKSON; and SERGEANT RITTER DEFENDANTS ORDER Currently before the Court is the Report and Recommendation (Doc. 33) filed in this case on November 1, 2012, by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas. No party has filed objections to the Report and Recommendation, and the time period for filing objections has passed. Defendants in this case filed a Motion to Dismiss on May 31, 2012. Defendants stated that Plaintiff failed to appear for a deposition. Defendants represented that defense counsel had received confirmation that the Notice of Deposition was delivered to Plaintiff’s address. Plaintiff did not respond to Defendants’ Motion. On November 1, 2012, Judge Marschewski filed the currentlypending Report and Recommendation, recommending that Plaintiff’s case be dismissed with prejudice. Plaintiff has not filed objections to the Report and Recommendation, nor has he filed anything in this case in almost a year. The Court has reviewed this case and, being well and sufficiently advised, finds as follows: The Report and Recommendation is proper and should be, and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, IT IS ORDERED that Defendants’ Motion to Dismiss (Doc. 28) is GRANTED, and Plaintiff’s Complaint is DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). IT IS FURTHER ORDERED that any other motions which may remain pending in the instant matter are DENIED AS MOOT. IT IS SO ORDERED this 5th day of December, 2012. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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