Gonzales #250375 v. Milliner et al

Filing 38

OPINION ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION KENTA C. GONZALES, Plaintiff, v. UNKNOWN MILLINER, et al., OPINION Defendants. _______________________________________/ Case No. 2:07-cv-191 HON. ROBERT HOLMES BELL

Trial in this matter is scheduled to commence November 2, 2009. Defendants have filed a motion to dismiss, maintaining that plaintiff has refused to cooperate in his own deposition. Plaintiff was ordered to file a response to defendants' motion to dismiss by September 4, 2009. Plaintiff was advised that failure to file a response could result in dismissal of plaintiff's action for failure to prosecute. Plaintiff has failed to file a response to defendants's motion. Furthermore, this Court's Case Management Order (docket #33) ordered plaintiff to file a Pretrial Narrative Statement by August 3, 2009. Plaintiff was advised that failure to file a Pretrial Narrative Statement would result in dismissal of his action for failure to prosecute. Plaintiff has failed to file a Pretrial Narrative Statement as ordered by this Court. Dismissal of this case for failure to prosecute is warranted. See Catz v. Chalker, 142 F.3d 279, 286 (6th Cir. 1998); Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991); Buck v. U.S. Dept. of Agriculture, 960 F.2d 603 (6th Cir. 1992). Accordingly, plaintiff's action will be dismissed in its entirety, pursuant to Fed. R. Civ. P. 41(b), for failure to prosecute.

Dated: September 11, 2009

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE