Duff v. Peterson

Filing 15

ORDER adopting 14 Report and Recommendations in its entirety. Further, granting 11 Motion to Dismiss with prejudice. Signed by Honorable P. K. Holmes, III on May 21, 2013. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION RODNEY LAWAYNE DUFF v. PLAINTIFF Case No. 2:12-CV-02246 ROBERT PETERSON, Jail Administrator, Johnson County Detention Center DEFENDANT ORDER Currently before the Court is the Report and Recommendation (Doc. 14) filed in this case on Arpil 3, 2013, 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. Defendant filed a Motion to Dismiss on March 1, 2013. Defendant states that Plaintiff has not updated his address with the Court as required; Plaintiff’s last contact with the Court was October 12, 2012; and Defendant has not been able to contact Plaintiff about this litigation via correspondence or otherwise, despite attempting to do so. 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 Defendant’s Motion to Dismiss (Doc. 11) is GRANTED, and Plaintiff’s Complaint is DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Judgment will be entered accordingly. IT IS SO ORDERED this 21st day of May, 2013. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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