Horton v. Kentucky Department of Corrections et al

Filing 25

ORDER by Judge Charles R. Simpson, III on 3/23/09; for the reasons set forth in the Memorandum Opinion 24 , IT IS ORDERED that Defendants' motion to dismiss for failure to prosecute (DN 19) is GRANTED. Plaintiff's claims are DISMISSED without prejudice. All remaining, pending motions are DENIED as moot. The Court certifies that an appeal of this action would not be taken in good faith.cc:Plaintiff, pro se, Counsel (SC)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:08CV-P114-S BRUCE HORTON v. KENTUCKY DEPARTMENT OF CORRECTIONS et al. ORDER For the reasons set forth in the Memorandum Opinion entered this date, and being otherwise sufficiently advised, IT IS ORDERED that Defendants' motion to dismiss for failure to prosecute (DN 19) is GRANTED. Plaintiff's claims are DISMISSED without prejudice pursuant to Fed R. Civ. P. 41(b). All remaining, pending motions are DENIED as moot. The Court further certifies that an appeal of this action would not be taken in good faith. See 28 U.S.C. 1915(a)(3). Date: March 23, 2009 DEFENDANTS PLAINTIFF cc: Plaintiff, pro se Counsel of record 4411.008

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