Bond v. Union Pacific Railroad

Filing 8

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: This matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with the courts orders; and A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRETT BOND,
Plaintiff,
v.
UNION PACIFIC RAILROAD,
Defendant.

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CASE NO. 4:10CV3173

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On August 27, 2010, Plaintiff filed
his Complaint without submitting an application to proceed in forma pauperis or a filing fee.
(Filing No. 1.) On September 1, 2010, the court directed Plaintiff to either submit a signed
application to proceed in forma pauperis, or pay the $350.00 filing fee, on or before
October 1, 2010. (Filing No. 3.) Plaintiff paid the $350.00 filing fee on September 22,
2010, but he never completed service of process. (See Docket Sheet.)
On March 10, 2011, the court directed Plaintiff to show cause for his failure to serve
Defendant. (Filing No. 6.) In doing so, the court warned Plaintiff that if he failed to show
good cause by April 9, 2011, this action would be dismissed without prejudice and without
further notice. (Id.) On March 15, 2011, Plaintiff submitted a Supplement. (Filing No. 7.)
This Supplement includes a 1985 Central Nebraska Support Service Program form that
was used to evaluate whether Plaintiff was eligible to continue special education services
when he was 16. (Id. at CM/ECF pp. 1-2.) The form indicates that although Plaintiff was
“not performing significantly below his cognitive ability,” he had a “learning disability,” and
that continued placement in the “Resource Room Program” was recommended. (Id. at
CM/ECF p. 2) The Supplement also includes medical records from Saint Francis Hospital

in Grand Island, Nebraska, dated “2-26-69.” (Id. at CM/ECF pp. 3-4.) These records show
that Plaintiff was treated for a “fever” and a “cold.” (Id.)
The court has carefully reviewed Plaintiff’s Supplement. The 26-year-old school
evaluation form indicating that Plaintiff had a “learning disability” in school and the medical
records showing that Plaintiff was treated for a fever and a cold in 1969 do not explain why
Plaintiff failed to serve Defendant. Indeed, Plaintiff does not state that a current disability
prevented him from serving Defendant, nor does he attempt to explain how the
Supplement relates to his case. In short, Plaintiff has failed to show good cause for his
failure to serve Defendant and this matter will be dismissed.

IT IS THEREFORE ORDERED that:
1.

This matter is dismissed without prejudice because Plaintiff failed to
prosecute it diligently and failed to comply with the court’s orders; and

2.

A separate judgment will be entered in accordance with this Memorandum
and Order.

DATED this 18th day of April, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge

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