Libbett v. Tangen

Full title: JULIUS ARMOND LIBBETT, Plaintiff v. S. TANGEN, Defendant

Court: United States District Court, W.D. Michigan, Northern Division

Date published: Nov 17, 2006

No. 2:06-cv-131 (W.D. Mich. Nov. 17, 2006)

Opinion

No. 2:06-cv-131.

November 17, 2006

MEMORANDUM

R. EDGAR, District Judge

In this prisoner suit, the defendant has filed a motion for summary judgment (Doc. No. 16). On September 13, 2006, United States Magistrate Judge Timothy P. Greeley entered an order requiring plaintiff to file a response within thirty days. Plaintiff was advised in this order that failure to file a response would result in dismissal of the case pursuant to Fed.R.Civ.P.41(b) for failure to prosecute. Plaintiff has not filed a response to defendant's motion for summary judgment. Therefore, a separate judgment will enter dismissing this case. This dismissal will not operate as a "strike" under 28 U.S.C. § 1915(g), but will be a dismissal with prejudice and an adjudication on the merits pursuant to Fed.R.Civ.P. 41(b).

SO ORDERED.