Elliott v. Sims et al

Filing 83

ORDER DISMISSING CASE for want of prosecution. The Clerk of Court is DIRECTED to enter Judgment dismissing the claims of Plaintiffs Justin Watson and Eric Branham with prejudice for want of prosecution and the claims of Plaintiff Jamie Elliott with prejudice as settled. This case is CLOSED. Signed by Judge Algenon L. Marbley on 12/7/2010. (cw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Jamie Elliott, et al., Plaintiffs, v. Gary Sims, et al., Defendants. : : : : : ORDER Plaintiffs Jamie Elliott, Justin Watson and Eric Branham, Ohio prisoners, brought this suit alleging that Defendants interfered with the free exercise of their Baptist religious beliefs by refusing to exempt them from working on Sundays. Elliott settled his claim with Defendants. Watson and Branham have not prosecuted their claims. On October 6, 2010, the Court issued an order (Doc. 80) to show cause why this case should not be dismissed pursuant to Fed. R. Civ. P. 41(b) for want of prosecution. According to the Court's docket, Plaintiffs Justin Watson and Eric Branham have made no response to the order. Accordingly, pursuant to Fed. R. Civ. P. 41(b) and S. D. Ohio Civ. R. 55.1(c), this case is hereby DISMISSED for want of prosecution. The Clerk of Court is DIRECTED to enter JUDGMENT dismissing the claims of Plaintiffs Justin Watson and Eric Branham with prejudice for want of prosecution and the claims of Plaintiff 1 Civil Action 2:08-cv-1144 Judge Marbley Magistrate Judge Abel Jamie Elliott with prejudice as settled. The Clerk of Court is further DIRECTED to close this case. s/Algenon L. Marbley United States District Judge 2

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