Dacheff v. Mayfield et al

Filing 45

OPINION AND ORDER granting Motions 38 & 41 . This case is DISMISSED WITHOUT PREJUDICE for failure to prosecute this action and failure to obey the orders of the Court. Fed. R. Civ. P. 41(b); see order for specifics.. Signed by Honorable Timothy L. Brooks on February 13, 2017. (rg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
RICHARD C. DACHEFF, Ill
V.

PLAINTIFF

CASE NO. 5:15-cv-03113

SHERIFF RANDY MAYFIELD, Carroll
County, Arkansas; WARDEN DANNY
HICKMAN; NURSE CRYSTAL BRINTON;
LIEUTENANT JAUN CRIBBS; SERGEANT
ANDREA MORRELL; OFFICER
LIZ MARTINEZ (SALADONA); and
OFFICER PRUITT

DEFENDANTS

OPINION AND ORDER

This is a civil rights case filed by the Plaintiff Richard C. Dacheff, Ill, under the
provisions of 42 U.S.C . § 1983. Plaintiff proceeds in forma pauperis and prose. When
he filed this case, Plaintiff was incarcerated in the Carroll County Detention Center
(CCDC) . Subsequently, he was released and is no longer incarcerated.
By order (Doc. 37) entered on November 17, 2016, the Defendants' motion to
compel was granted .

Plaintiff was directed to provide Defendants with discovery

responses by December 5, 2016 .
On December 6, 2016 , Defendants filed a motion to dismiss (Doc. 38) stating they
had not received the discovery responses . On December 28 , 2016 , a show cause order
(Doc. 40) was entered . Plaintiff was given until January 17, 2016, to show cause why this
action should not be dismissed based on his failure to comply with the Court's order.
Plaintiff was advised that failure to respond to the show cause order would result in the
dismissal of the case.
Plaintiff did not respond to the show cause order. The order was not returned as
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undeliverable. Plaintiff has not communicated with the Court in anyway. On February 2,
2017, Defendants filed another motion to dismiss (Doc. 41 ).
For these reasons , the Defendants' motion to dismiss (Docs. 38 & 41) are granted .
This case is DISMISSED WITHOUT PREJUDICE for failure to prosecute this action and
failure to obey the orders of the Court. Ji.ed. R. Civ. P. 41(b).
IT IS SO ORDERED this

~!'cJay of February, 2r1-t~,.......
s
ISTRICT JUDGE

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