Beall v. Turner et al

Filing 25

JUDGMENT: This case is dismissed based on Plaintiffs failure to respond to the Courts scheduling order and his failure to keep the Court informed of his current address. Fed. R. Civ. P. 41(b). Signed by Honorable Barry A. Bryant on December 15, 2009. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION JOHN PHILLIP BEALL, JR. v. DAVID TURNER, Sheriff, Clark County, Arkansas; and JACKIE NEWBURN, Jail Administrator, Clark County Detention Center JUDGMENT By order entered on July 29, 2009 (Doc. 17), this case was scheduled for a bench trial on January 6, 2010. The parties were advised to file their response to the scheduling order by no later than December 7, 2009 (Doc. 17). Plaintiff has failed to respond to the scheduling order. Additionally all mail sent to the Plaintiff since November has been returned as undeliverable with a notation that he is no longer incarcerated at the West Tennessee Detention Facility. Plaintiff has not advised the Court of his new address. Plaintiff has not otherwise communicated with the Court. In a show cause order entered on October 23, 2009, Plaintiff was reminded of his obligation to keep the Court and Defendants' counsel informed of his current address at all times. He was further informed that failure to keep the Court informed of changes in his address would result in the summary dismissal of this case. This case is dismissed based on Plaintiff's failure to respond to the Court's scheduling order and his failure to keep the Court informed of his current address. Fed. R. Civ. P. 41(b). IT IS SO ORDERED this 15th day of December 2009. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE Civil No. 6:08-cv-06062 PLAINTIFF

DEFENDANTS