Wilkinson v. Phillips

Filing 36

MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on December 17, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TODD D. WILKINSON v. LOUISE PHILLIPS MEMORANDUM OPINION To dd Wilkinson (Plaintiff) filed this pro se civil rights action under 42 U.S.C. § 1983 on October 24, 2007. (Doc. 1). On October 19, 2009, this Court entered an Order (Doc. 34) granting the Defendant's Motion to Compel (Doc. 31) and ordering Plaintiff to provide discovery to the Defendant on or before November 16, 2009. Now before the Court is the Defendant's Motion to Dismiss. (Doc. 35). Defendant states Plaintiff did not provide Discovery as required by the Court's previous Order. Moreover, Defendant has received no correspondence from the Plaintiff. Plaintiff has not corresponded with the Court, nor has he replied to the Defendant's Motion to Dismiss. According to the Court's records, Plaintiff's address is correct, and no mail has been returned. Accordingly, Defendant's Motion to Dismiss (Doc. 35) is hereby GRANTED. Plaintiff's Complaint is DISMISSED WITH PREJUDICE in its entirety for failure to prosecute this action and failure to follow an Order of the Court. IT IS SO ORDERED this 17th day of December 2009. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE Case No.: 4:07-cv-4098 DEFENDANT PLAINTIFF