Kass v. Houston

Filing 9

ORDER - The plaintiff has until the close of business on August 6, 2012, to file a motion for clerks entry of default or show cause why this case should not be dismissed for failure to prosecute. Show Cause Deadline set for 8/6/2012. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID M. KASS,
Plaintiff,
vs.
ROBERT P. HOUSTON, Director,
Nebraska Department of Corrections,
Defendant.

)
)
)
)
)
)
)
)
)
)

8:11CV426
ORDER

This matter is before the court sua sponte, and pursuant to NECivR 41.2, which
states in pertinent part: “At any time, a case not being prosecuted with reasonable diligence
may be dismissed for lack of prosecution.”

In this case the complaint was filed on

December 13, 2011. See Filing No. 1. The plaintiff filed notice of executing a summons
on the defendant on June 1, 2012. See Filing No. 8. No other progress has taken place
in this matter. It remains the plaintiff’s duty to go forward in prosecuting the case by, for
example, filing a motion for clerk’s entry of default pursuant to Fed. R. Civ. P. 55 and
NECivR 55.1(a), as appropriate. Upon consideration,

IT IS ORDERED:
The plaintiff has until the close of business on August 6, 2012, to file a motion for
clerk’s entry of default or show cause why this case should not be dismissed for failure to
prosecute.
Dated this 16th day of July, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge