Logan v. Hunt et al
Filing
26
OPINION AND ORDER DISMISSING CASE WITHOUT PREJUDICE for failure to prosecute. Signed by Honorable Timothy L. Brooks on July 12, 2018. (lgd)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
TOREY BRETT LOGAN
V.
PLAINTIFF
CASE NO. 3:17-CV-03114
OFFICER KEVIN HUNT, Carroll
County Detention Center (CCDC);
LIEUTENANT J. WILLIAMS, CCDC;
And MAJOR FRYE, CCDC
DEFENDANTS
OPINION AND ORDER
This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. ยง 1983.
Plaintiff proceeds pro se and in forma pauperis. He currently lives in New Mexico.
On June 8, 2018, the Defendants filed a Motion for Summary Judgment (Doc. 21 ).
On June 13, 2018, the Court entered an Order (Doc. 25) directing Plaintiff to file a
response to the Motion for Summary Judgment by July 5, 2018. Plaintiff was advised
that failure to respond to the Order would subject the case to dismissal without prejudice.
To date, Plaintiff has not filed a response to the Motion for Summary Judgment.
He has not requested an extension of time to file his response. No mail has been returned
as undeliverable. Plaintiff has therefore failed to comply with the Court's Order requiring
him to file his summary judgment response by July 5, 2018 .
The Federal Rules of Civil Procedure specifically contemplate dismissal of a case
on the ground that the plaintiff failed to prosecute or failed to comply with order of the
court. Fed. R. Civ. P. 41 (b) ; Line v. Wabash R.R. Co., 370 U.S. 626 , 630-31 (1962)
(stating that the district court possesses the power to dismiss sua sponte under Rule
41(b)). Pursuant to Rule 41(b) , a district court has the power to dismiss an action based
[1]
on "the plaintiff's failure to comply with any court order." Brown v. Frey, 806 F.2d 801 ,
803-04 (8th Cir. 1986) (emphasis added) . Additionally, Rule 5.5(c)(2) of the Local Rules
for the Eastern and Western Districts of Arkansas requires parties appearing pro se to
monitor the case and to prosecute or defend the action diligently.
Therefore, pursuant to Rule 41 (b) , this case is DISMISSED WITHOUT
PREJUDICE based on Plaintiff's failure to prosecute this case, his failure to obey the
order of the Court, and his failure to comply with Local Rule 5.5(c)(2) . Fed. R. Civ. P.
41(b).
IT IS SO ORDERED on this
rta
I 'A day of July, 2018.
[2]
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?