Miller v. Molder

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

CHRISTOPHER MILLER PLAINTIFF

No. 3:19-cv-275-DPM

KEVIN MOLDER, Sheriff, Poinsett County Detention Center; STEVE ROEX, Chief Deputy, Poinsett County Detention Center; and TRISH MARSHAL, Assistant Jail Administrator, Poinsett County Detention Center DEFENDANTS

ORDER 1. Unopposed recommendation, Doc. 23, adopted as modified. Fep. R. Civ. P. 72(b) (1983 addition to advisory committee notes). Motion to dismiss, Doc. 21, granted. Miller’s amended complaint will be dismissed without prejudice for failure to prosecute and failure to comply with the Court’s Order. LOCAL RULE 5.5(c)(2) & FED. R. Civ. P. 41(b). In the circumstances, the Court need not determine whether dismissal under Rule 37(b) is an appropriate sanction. Avionic Co. v. General Dynamics Corp., 957 F.2d 555, 558 (8th Cir. 1992). Motion to stay, Doc. 24, denied as moot. 2. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3).

So Ordered. __ aPgrtol fo D.P. Marshall Jr. United States District Judge a4 pune 2020

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