Anschuetz v. District Health Department No. 2 et al

Filing 13

ORDER DISMISSING CASE without prejudice for failure to prosecute, Signed by District Judge Thomas L Ludington. (TJac)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION MICHAEL ANSCHUETZ, Plaintiff, v. DISTRICT HEALTH DEPARTMENT NO. 2, CLINT BOHLEN, Defendants. _________________________________________/ ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE On April 30, 2007, Plaintiff filed the complaint [Dkt. # 1] in this matter. Under the case management and scheduling order, a trial was scheduled for July 8, 2008. The trial was adjourned to September 9, 2008, to allow the parties time to facilitate the case. It was reported to the Court that the parties had settled this case at the facilitation and were in the process of submitting the closing papers. About ten months later, as of July 7, 2009, no further activity had occurred in the case, and Plaintiff was ordered to show cause on or before July 28, 2009, why the complaint should not be dismissed without prejudice for failure to prosecute. [Dkt. # 12]. Plaintiff did not respond to the order to show cause. Based on the above, Plaintiff's complaint will be dismissed without prejudice for failure to prosecute. SeeLink v. Wabash R.R. Co., 370 U.S. 626, 630-32 (1962). Accordingly, it is ORDERED that Plaintiff's complaint [Dkt. # 1] is DISMISSED WITHOUT PREJUDICE for failure to prosecute. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: September 8, 2009 Case Number 07-11893-BC Honorable Thomas L. Ludington

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on September 8, 2009. s/Tracy A. Jacobs TRACY A. JACOBS

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