Belvin v. Champagne, et al

Filing 47

ORDER AND REASONS - The 46 Motion to Dismiss filed by Defendant the United States of America is GRANTED. Plaintiff's claims against the United States of America are DISMISSED WITH PREJUDICE for failure to prosecute. FURTHER ORDERED that Plaintiff's claims against Greg Champagne and Alvin Robinson are DISMISSED WITH PREJUDICE for failure to prosecute. Signed by Judge Susie Morgan on 5/8/19. (sbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ANTHONY BELVIN,
Plaintiff

CIVIL DOCKET

VERSUS

NO. 17-1776

GREG CHAMPAGNE, ET AL.,
Defendants

SECTION: “E” (4)

ORDER
Before the Court is a Motion to Dismiss1 filed by Defendant the United States of
America (“the USA”). The USA seeks to dismiss Plaintiff’s claims against it for failure to
prosecute. The motion is unopposed.
Pursuant to Federal Rule of Civil Procedure 41(b), “[i]f the plaintiff fails to prosecute
or to comply with these rules or a court order, a defendant may move to dismiss the action or
any claim against it.” A district court “sua sponte may dismiss an action for failure to
prosecute or to comply with any court order.” 2
Plaintiff has failed to respond to discovery and has failed to communicate with his
counsel of record. 3 Plaintiff has failed to oppose the instant Motion to Dismiss, further
evidencing his failure to prosecute.
Accordingly;
IT IS ORDERED that the Motion to Dismiss filed by Defendant the United States of
America is GRANTED. Plaintiff’s claims against the United States of America are
DISMISSED WITH PREJUDICE for failure to prosecute.

R. Doc. 46.
Francois v. City of Gretna, 668 F. App’x 574, 575 (5th Cir. 2016) (citation omitted).
3 R. Doc. 43; R. Doc. 46-2.
1

2

1

IT IS FURTHER ORDERED that Plaintiff’s claims against Greg Champagne and
Alvin Robinson are DISMISSED WITH PREJUDICE for failure to prosecute.
New Orleans, Louisiana, on this 8th day of May, 2019.
___________________ _______
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE

2