Figuero et al v. Tyson Foods

Filing 82

MEMORANDUM AND ORDER - This matter is dismissed without prejudice because Plaintiff failed to prosecute this matter diligently and failed to comply with this court's orders. A separate judgment will be entered in accordance with this Memorandum and Order. Plaintiff is reminded that he has until January 29, 2009 to file a response to the pending Motion for Attorney Fees. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAE, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA IGNATIO FIGUEROA, Plaintiff, v. TYSON FRESH MEATS, Inc., Defendant. ) ) ) ) ) ) ) ) ) 8:06CV748

MEMORANDUM AND ORDER

This matter is before the court on its own motion. On November 25, 2008, the court entered a Memorandum and Order requiring Plaintiff to "show cause why this action should not be dismissed for failure to prosecute this matter diligently." (Filing No. 79 at CM/ECF p. 5.) The court warned Plaintiff that if he failed to "respond to the order to show cause, this action will be dismissed without prejudice and without further notice." (Id. at CM/ECF p. 4.) Plaintiff has not responded to the court's Memorandum and Order. IT IS THEREFORE ORDERED that: 1. This matter is dismissed without prejudice because Plaintiff failed to prosecute this matter diligently and failed to comply with this court's orders. 2. A separate judgment will be entered in accordance with this Memorandum and Order. 3. Plaintiff is reminded that he has until January 29, 2009 to file a response to the pending Motion for Attorney Fees. January 12, 2009. BY THE COURT:

s/ Joseph F. Bataillon Chief United States District Judge