Opinion
4:22-CV-00010-NBB-DAS
12-13-2022
DEAN C. BOYD PLAINTIFF v. DEWAYNE COLLIER DEFENDANT
ORDER DISMISSING CASE WITHOUT PREJUDICE
NEAL B. BIGGERS, JR., UNITED STATES DISTRICT JUDGE.
Plaintiff filed the instant civil rights action challenging the conditions of his confinement pursuant to 42 U.S.C. § 1983. Doc. # 1. A Clerk's Entry of Default was entered as to Defendant Dewayne Collier on April 12, 2022. Doc. # 21, see also Doc. # 22 (Order granting in part and denying in part plaintiff's motion for clerk's entry of default).For almost five months, Plaintiff took no action to prosecute his case against Defendant Collier. Consequently, on August 29, 2022, the Court entered an Order directing Plaintiff to show cause why his case should not be involuntarily dismissed as provided by Federal Rule of Civil Procedure 41(b) for failure to prosecute. See Doc. # 47. Plaintiff filed a response on September 7, 2022, see Doc. # 49, indicating an intent to take action, but to date still has not prosecuted this case. As such, the Court finds that this case should be DISMISSED without prejudice under Rule 41(b) for failure to prosecute and obey an order of the court.
The other named defendant, Reginald Booker, was voluntarily dismissed on June 27, 2022. Doc. # 45.
SO ORDERED. 1