Solomon v. Sanders et al

Filing 52

ORDER denying as moot 33 Motion to Dismiss. Signed by Honorable Barry A. Bryant on January 27, 2015. (mll)

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

CLIFTON O. SOLOMON

v.

PLAINTIFF

Civil No. 4:13-cv-04126

CORPORAL ALLEN SANDERS;
and DEWAYNE FLOYD

DEFENDANTS

ORDER
Plaintiff filed this section 1983 action on December 30, 2013. Plaintiff proceeds pro se and
in forma pauperis. Currently before the Court is Defendants’ Motion to Dismiss. ECF No. 33.
In their Motion to Dismiss, Defendants argue that this case should be dismissed for
Plaintiff’s failure to comply with Local Rule 5.5(c)(2). Specifically, Defendants state they have been
unable to effect service of Defendants’ Answers to Interrogatories and Responses to Request for
Production on Plaintiff because he failed to keep Defendants and the Court apprised of his current
address.
Since Defendants filed their Motion to Dismiss, Plaintiff has been in contact with the Court,
his address is current and accurate, and Plaintiff is actively prosecuting this case. Therefore, I find
Defendants’ Motion to Dismiss moot. Accordingly, Defendants’ Motion to Dismiss (ECF No. 33)
is DENIED as moot.
IT IS SO ORDERED this 27th day of January 2015.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE