Tyler v. EPA

Filing 6

MEMORANDUM AND ORDER that 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. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLY TYLER, on behalf of himself, )
his grandchildren, and all similarly
)
situated,
)
)
Plaintiff,
)
)
v.
)
)
EPA,
)
)
Defendant.
)

8:12CV388

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On February 19, 2013, the
court determined that Plaintiff had failed to allege sufficient facts to state a claim
upon which relief could be granted. (Filing No. 5.) However, the court gave Plaintiff
the opportunity to file an amended complaint. (Id. at CM/ECF pp. 4-5.) In doing so,
the court warned Plaintiff that if he failed to file an amended complaint by March 19,
2013, his claims would be dismissed without further notice. (Id.) The court’s March
19, 2013, deadline has passed and Plaintiff has failed to file an amended complaint.
(See Docket Sheet.)
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.

DATED this 25th day of March, 2013.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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