United States of America v. $9,647.00 U.S. Currency

Filing 31

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the claim of Patrice Nevins to the funds at issue here is DISMISSED with prejudice pursuant to Fed. R. Civ. P. 41(b). Signed by District Judge Audrey G. Fleissig on 5/21/2013. (KSH)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES of AMERICA, Plaintiff, v. $9,647.00, Nine Thousand, Six Hundred Forty-Seven Dollars and No Cents in United States Currency, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No.4:10CV01367 AGF MEMORANDUM AND ORDER This matter is before the Court on its own motion. The Court previously issued two Orders (Doc. Nos. 28 & 30) requiring the Claimant, Patrice Nevins, (i)to contact the Assistant United States Attorney (“AUSA”) assigned to this case and advise the AUSA of a telephone number at which she can be reached and (ii) to confer in good faith with the AUSA to file a proposed amended Case Management Order. The Court also advised Claimant that failure to respond to or comply with those Orders would result in sanctions, including the dismissal of her claim to the funds at issue here. (Doc. No. 30) As of the date of this Order, Claimant has not responded to, or complied with, either of the orders and the time to do so has expired. The Court therefore exercises its authority to dismiss this action for failure to prosecute and/or comply with the Orders of this Court. See Fed. R. Civ. P. 41(b). Accordingly, IT IS HEREBY ORDERED that the claim of Patrice Nevins to the funds at issue here is DISMISSED with prejudice pursuant to Fed. R. Civ. P. 41(b). AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE Dated this 21st day of May, 2013. -2-

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