Autry et al v. Cleveland County Sheriff's Department et al
ORDER DISMISSING CASE. Signed by Honorable Timothy D. DeGiusti on 12/28/2018. (mb)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ROBERT ALLEN AUTRY, an
Incapacitated Person individually, et al.,
CLEVELAND COUNTY SHERIFF’S
DEPARTMENT, et al.,
Case No. CIV-15-1167-D
On December 17, 2018, the Court issued its Order to Show Cause directing
Plaintiffs either to pursue this action against the only remaining defendants, Turn Key
Health Clinics, LLC and ESW Correctional Healthcare, or to show why the action should
not be dismissed. Plaintiffs have made no timely response.
Upon consideration, the Court finds that this action should be dismissed for lack of
prosecution, pursuant to Fed. R. Civ. P. 41(b) and the inherent power of federal courts “‘to
manage their own affairs so as to achieve the orderly and expeditious disposition of cases.’”
See United States ex rel. Jimenez v. Health Net, Inc., 400 F.3d 853, 855 (10th Cir. 2005)
(quoting Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)); see also Ecclesiastes
9:10-11-12, Inc. v. LMC Holding Co., 497 F.3d 1135, 1143 (10th Cir. 2007) (Rule 41(b)).
Here, Plaintiffs’ inaction and failure to comply with prior orders, including the Order to
Show Cause, prevent this case from moving forward and warrant a dismissal without
prejudice to refiling.
IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice
to a future filing. A separate judgment of dismissal shall be entered.
IT IS SO ORDERED this 28th day of December, 2018.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?