Opinion
6:22-cv-06026
12-15-2022
RYAN N LAX PLAINTIFF v. BRIDGET JOHNSON, GCDC Health Services Administrator; and STEVEN ELROD, GCDC Jail Services Administrator DEFENDANTS
ORDER
ROBERT T. DAWSON SENIOR U.S. DISTRICT JUDGE
Before the Court is the Report and Recommendation filed November 9, 2022, by the Honorable Mark E. Ford, Chief United States Magistrate Judge for the Western District of Arkansas. (ECF No. 37). Plaintiff proceeds in this 42 U.S.C. § 1983 action pro se. Judge Ford recommends that Defendant Elrod's Second Motion to Dismiss (ECF No. 35) be granted and that Plaintiff's claims against Elrod be dismissed without prejudice pursuant to Fed.R.Civ.P. 41(b), based on Plaintiff's failure to prosecute his case and failure to comply with Local Rule 5.5(c)(2).
No party has not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Upon review, the Court finds that the report is without clear error and should be and hereby is adopted in toto. Accordingly, it is ORDERED that Defendant Elrod's Second Motion to Dismiss (ECF No. 35) is GRANTED, and Plaintiff's claims against Defendant Elrod are DISMISSED WITHOUT PREJUDICE. The Clerk is directed to terminate Elrod as a party to this case.
Defendant Elrod's First Motion to Dismiss (ECF No. 28) is DENIED AS MOOT.
Plaintiff's claims against Defendant Johnson remain for further review.
IT IS SO ORDERED