Edney v. Bushnell

Full title: TERRY EDNEY, Plaintiff, v. LANCE BUSHNELL, Defendant

Court: United States District Court, D. Utah, Central Division

Date published: Feb 28, 2005

Case No. 2:03-CV-174 PGC (D. Utah Feb. 28, 2005)

Opinion

Case No. 2:03-CV-174 PGC.

February 28, 2005

ORDER

PAUL CASSELL, District Judge

Plaintiff, Terry Edney, filed a complaint on February 21, 2003. (File Entry #3.) Plaintiff filed an amended complaint on April 24, 2003, followed on April 28, 2003, by a motion to extend time to file an appeal. (File Entries #8, 9.)

On January 11, 2005, the Court issued an order requiring Plaintiff to show cause within thirty days why Plaintiff's complaint should not be dismissed for failure to serve process and prosecute. (File Entry #11.) Plaintiff has failed to respond to the Court's order to show cause. In addition, the Court has received no evidence that Plaintiff has served Defendant, nor has Plaintiff filed any documents with the Court since filing the motion to extend time to file an appeal on April 28, 2003. Furthermore, Plaintiff never filed a proper appeal from a ruling of this Court.

As a result, IT IS HEREBY ORDERED that Plaintiff's complaint be DISMISSED for failure to serve process and prosecute. See Fed.R.Civ.P. 4(m), 41(b); Meade v. Grubbs, 841 F.2d 1512, 1520 (10^th Cir. 1988) (recognizing general power to dismiss for failure to prosecute or comply with federal rules of procedure).