Nolen v. Aldrich Public Library et al

Filing 25

ORDER re: stay of case and 24 RENEWED MOTION to Dismiss Without Prejudice.Plaintiff has 10 days from the date of this order to submit a formal written response regarding his ability to proceed. Signed by Judge William K. Sessions III on 4/19/2012. (law)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
Wallace S. Nolen,
Plaintiff,
v.
City of Barre, Vermont,
Thomas Lauzon, John
Craig,Patricia McDonald,
Peter John, Oliver
Twombly, Timothy
Bombardier,Carol Dawes,
Defendants.

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Case No. 2:10-cv-241

and
Wallace S. Nolen,
Plaintiff,
v.
Aldrich Public Library,
Nancy F. Pope, Karen Lane,
City of Barre,
Timothy Bombardier, Andrew
Marceau, Ross Weiland, and
Jane Doe 1-20,
Defendants.

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Case No. 2:11-cv-183

ORDER
On January 25, 2012 this Court denied without prejudice
Defendants’ motion to dismiss (Doc. 53) and ordered that the

case be stayed through April 15, 2012.

The Court also

ordered that prior to the conclusion of the stay, Plaintiff
should update the court, in writing, as to his ability to
proceed and that failure to do so would result in dismissal
of the court without prejudice for failure to prosecute.

On

March 1, 2012, the court received a letter from a treating
physician of Plaintiff.

The Court considers this letter an

inadequate response to the court's order of January 25,
2012.
On April 17, 2012, defendants' filed a renewed motion
for dismissal without prejudice.

On April 18, 2012,

Plaintiff contacted the court expressing concern of the
renewed motion, stating that he thought the letter filed on
March 1, 2012 had satisfied the court's previous order of
January 25, 2012.

As a result, the Court orders that the

Plaintiff has 10 days from the date of this order to submit
a formal written response regarding his ability to proceed.
If Plaintiff wishes to continue the stay, he shall provide
medical documentation in support of his request.

Failure to

do so will result in the dismissal of the case without
prejudice for failure to prosecute.

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Dated at Burlington, in the District of Vermont, this
19th day of April, 2012.
/s/ William K. Sessions III
William K. Sessions III
District Court Judge

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