Phillips v. Singleton al

Filing 41

ORDER OF DISMISSAL. Plaintiff's Complaint is dismissed without prejudice for failure to prosecute this matter. Signed by Honorable Barry A. Bryant on April 6, 2016. (mll)

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

MICHAEL PHILLIPS
v.

PLAINTIFF
Case No.4:15-CV-04051-BAB

JAMES SINGLETON, et
al.

DEFENDANTS

ORDER FOR DISMISSAL
Plaintiff, submitted this pro se action for filing on June 9, 2015. ECF No. 1. The parties
consented to the jurisdiction of the undersigned for final disposition of this case. ECF No. 14.
On October 22, 2015, this matter was set for bench trial on April 6, 2016. ECF No. 17.
On January 7, 2016, the Court granted Plaintiff’s Motion to Amend Complaint. ECF No.24. He
filed his Amended Complaint on February 3, 2016. ECF No. 25. No further communication has
been recieved from the Plaintiff. No Order from this Court has been returned as undeliverable
when mailed to Plaintiff’s address.
On April 6, 2016, the Defendants and their counsel appeared and announced ready for trial.
Plaintiff did not appear at 10:00 a.m. as ordered. At 10:15 a.m., the undersigned directed the Court
Security officer to inquire in the hall way if Plaintiff was present. Plaintiff did not enter the
courthouse on April 6, 2016. Plaintiff did not communicate with the Court in any fashion prior
to the April 6, 2016, regarding said trial date..
Plaintiff has failed to prosecute this matter. While pro se pleadings are to be construed
liberally, a pro se litigant is not excused from complying with substantive and procedural law.
Accordingly, pursuant to Federal Rule of Civil Procedure 41(b) this case should be dismissed for
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failure to prosecute. See Fed. R. Civ. P. 41(b).
For the foregoing reasons, Plaintiff’s Complaint (ECF No. 1) is DISMISSED without
prejudice on the grounds that Plaintiff has failed to prosecute this matter.
IT IS SO ORDERED this 6th day of April 2016.

/s/ Barry A. Bryant
BARRY A. BRYANT
U.S. MAGISTRATE JUDGE

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