Opinion
No. 14-cv-10786
08-06-2014
KENNETH ALAN FIZER, Plaintiff, v. BURTON POLICE DEPARTMENT and SMITTY'S TOWING, Defendants.
Hon. Gerald E. Rosen
OPINION AND ORDER DISMISSING DEFENDANT SMITTY'S TOWING, WITHOUT PREJUDICE
At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on August 6, 2014 PRESENT: Honorable Gerald E. Rosen
United States District Chief Judge
On June 16, 2014, the Court entered an Opinion and Order granting Defendant Burton Police Department's Motion to Dismiss and dismissed the Department from this action, with prejudice. In that same Order, the Court ordered Plaintiff to show cause in writing by June 30, 2014 why his complaint against Smitty's Towing should not be dismissed for lack of prosecution pursuant to Fed. R. Civ. P. 4(m).
As of this date, Plaintiff has not responded to the Court's Show Cause Order. Therefore,
IT IS HEREBY ORDERED that Plaintiff's Complaint against Smitty's Towing be, and hereby is, dismissed, without prejudice.
Smitty's Towing being the only remaining defendant in this action, Judgment shall be entered accordingly.
s/Gerald E. Rosen
Chief Judge, United States District Court
Dated: August 6, 2014 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 6, 2014, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, (313) 234-5135