Hixson v. Aurora Flight Sciences Corporation

Filing 34

ORDER granting 32 Motion to Dismiss for Lack of Prosecution. This CASE is CLOSED. Signed by District Judge Sharion Aycock on 12/6/2016. (dbm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION ROBERT DALE HIXSON, JR. V. PLAINTIFF CIVIL ACTION NO. 1:15-CV-158-SA-DAS AURORA FLIGHT SCIENCES CORPORATION DEFENDANT ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE On September 9, 2016 this Court ordered the Plaintiff to retain new counsel, or to advise the court of his intent to proceed pro se [28]. The Court noted that continued failure to comply with the Court’s orders may result in dismissal of the case. The Plaintiff did not respond. On October 31, 2016 the Defendant filed a Motion to Dismiss under Federal Rule of Civil Procedure 41 [32]. Again, the Plaintiff did not respond. Pursuant to Federal Rule of Civil Procedure 41(b), the Court has authority to dismiss an action if the plaintiff fails to prosecute or comply with a court order. The Plaintiff failed to prosecute his case and failed to comply with the orders of this Court. As such, this case is hereby DISMISSED with prejudice under Federal Rule of Civil Procedure 41(b). SO ORDERED on this the 6th day of December, 2016. /s/ Sharion Aycock UNITED STATES DISTRICT JUDGE

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