Livsey v. Heintzleman et al
JUDGMENT: granting 22 Motion to Dismiss in of plaintiffs failure to obey the order of the Court and his failure to prosecute this action. Signed by Honorable Barry A. Bryant on December 2, 2011. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
JAMES T. LIVSEY
Civil No. 4-10-cv-04175
CAPTAIN JACK HEINTZLEMAN;
SHERIFF RON STOVALL; and
MILLER COUNTY, ARKANSAS
On September 14, 2011, I entered an order (ECF No. 19) granting Defendants’ motion to
compel (ECF No. 18) and directing Plaintiff to provide Defendants with discovery responses by
September 30, 2011. Plaintiff was advised that failure to obey the Court order would result in the
dismissal of his case.
If they did not receive the discovery responses, Defendants were directed to file a motion to
dismiss. Defendants have filed a motion to dismiss (ECF No. 22) in which they state they have not
received any discovery responses from the Plaintiff. The motion to dismiss (ECF No. 22) is therefore
granted in view of Plaintiff’s failure to obey the order of the Court and his failure to prosecute this
action. Fed. R. Civ. P. 41(b).
IT IS SO ORDERED this 2nd day of December 2011.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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