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)

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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

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