Looper v. Greene's Energy Group, LLC

Filing 18

ORDER granting defendant's 14 Motion to Dismiss Case and plaintiff's complaint is dismissed without prejudice as set forth; further the U.S. District Clerk is directed to send a copy of this Order to plaintiff's former counsel, Mark Ford, and mail a copy to plaintiff at the following addresses as set forth. Signed by Honorable Robert T. Dawson on November 14, 2012. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
KENNETH W. LOOPER, JR.
v.

PLAINTIFF
Case No. 11-2237

GREENE’S ENERGY GROUP, LLC

DEFENDANT
ORDER

Now before the Court is the Motion to Dismiss for Failure
to Prosecute Claims and Comply with Court Order (doc. 14)
filed by Defendant.

On June 27, 2012, the Court permitted

Plaintiff’s

Mark

counsel,

Ford,

to

withdraw.

The

Order

further directed Plaintiff to advise the Court within thirty
(30) days as to whether he wished to retain new counsel or
proceed pro se (doc. 12).

On June 28, 2012, Mr. Ford filed a

certificate of service notifying the Court he served a copy of
the Order on Plaintiff at his last known residence and place
of employment (doc. 13).

In addition, the Court has attempted

to contact Plaintiff by telephone at two different numbers to
no avail.
On November 2, 2012, the Court again issued an Order
directing

Plaintiff

to

respond

to

Defendant’s

motion

by

November 13, 2012, and advising that failure to do so would
result in the dismissal of his Complaint.

This Order was

mailed to Plaintiff at his last known residence and place of
employment, as well as his previous counsel.

To date, the

Court has received no response or correspondence of any kind
from

Plaintiff,

and

no

mail

has

been

returned

as

undeliverable.
Accordingly, Defendant’s Motion to Dismiss (doc. 14) is
GRANTED.

Plaintiff’s Complaint is hereby DISMISSED WITHOUT

PREJUDICE on the grounds that he failed to prosecute it and
has failed to comply with Court orders.
41(b).
petition

See Fed. R. Civ. P.

Should Plaintiff re-file this action, Defendant may
the

Court

to

require

Plaintiff

to

show

good

and

adequate cause for his failure to prosecute the instant action
before he is allowed to proceed with a second action.
The U.S. District Clerk is directed to send a copy of
this Order to Plaintiff’s former counsel, Mark Ford, and mail
a copy to Plaintiff at the following addresses:
Kenneth W. Looper, Jr.
2820 Tillis Avenue
Fort Smith, AR 72901

Kenneth W. Looper, Jr.
c/o OK Foods
6th and Wheeler
Fort Smith, AR 72904

Kenneth W. Looper, Jr.
1017 North 14th Street
Fort Smith, AR 72901
IT IS SO ORDERED this 14th day of November 2012.
/s/ Robert T. Dawson________
Honorable Robert T. Dawson
United States District Judge