Livsey v. Heintzleman et al

Filing 24

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)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JAMES T. LIVSEY v. PLAINTIFF Civil No. 4-10-cv-04175 CAPTAIN JACK HEINTZLEMAN; SHERIFF RON STOVALL; and MILLER COUNTY, ARKANSAS DEFENDANTS JUDGMENT 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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