Cherry v. Southern Refrigerated Transport

Filing 59

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 58 Report and Recommendation; granting 54 Motion for Sanctions. Signed by Honorable Susan O. Hickey on April 27, 2015. (mll)

IN THE UNITED STATE DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

RONALD CHERRY
VS.

PLAINTIFF
CASE NO. 13-CV-4095

SOUTHERN REFRIGERATED
TRANSPORT

DEFENDANT

ORDER
Before the Court is the Report and Recommendation filed April 2, 2015, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 58).
Judge Bryant recommends that Defendant’s Second Motion for Sanctions (ECF No. 54) be granted
and that Plaintiff’s Complaint be dismissed without prejudice for failure to follow orders of the
Court. The parties have not filed objections to the Report and Recommendation, and the time to
object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and
Recommendation in toto. Defendant’s Second Motion for Sanctions is hereby GRANTED. Given
that Plaintiff has failed to follow Court orders on multiple occasions, the Court finds that the
dismissal of this action is an appropriate sanction.

Accordingly, Plaintiff’s Complaint is

DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 27th day of April, 2015.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge