Moon v. Fischer et al

Filing 103

ORDER AND ENTRY DISMISSING THIS CASE WITH PREJUDICE FOR FAILURE TO PROSECUTE. Signed by Magistrate Judge Michael J. Newman on 1/16/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DARNELL WESLY MOON,
Plaintiff,

Case No. 3:15-cv-274

vs.
SHERIFF GENE FISCHER, et al.,

Magistrate Judge Michael J. Newman
(Consent Case)

Defendants.
______________________________________________________________________
ORDER AND ENTRY DISMISSING THIS CASE WITH
PREJUDICE FOR FAILURE TO PROSECUTE
______________________________________________________________________
This civil case is before the Court on the Court’s Order to Show
Cause docketed by the undersigned on December 18, 2018.

Doc. 101.

In

that Order, the undersigned directed pro se Plaintiff to show cause as
to why this case should not be dismissed as a result of his failure to
comply with Orders of the Court -- namely, to advise the Court of the
conclusion of his criminal case in Missouri and to advise the Court of
his change of address.

Id.

Prior to issuance of the Show Cause Order,

pro se Plaintiff had been notified that any failure to comply with such
Orders may result in the dismissal of this case for failure to prosecute.
See e.g. docs. 82, 90.
Despite having also been advised that his failure to respond to
the Show Cause Order could result in the dismissal of this case for
failure to prosecute, Plaintiff has failed to respond, and the time for
doing so expired on January 7, 2018 -- over a week ago.

Accordingly,

this case is DISMISSED WITH PREJUDICE for failure to prosecute.
IT IS SO ORDERED.
Date: January 16, 2019

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge