Frederick v. Jenkins et al, No. 3:2009cv03022 - Document 24 (W.D. Ark. 2009)

Court Description: MEMORANDUM OPINION. Signed by Honorable James R. Marschewski on September 23, 2009. (rw)
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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION TROY FREDERICK v. PLAINTIFF Civil No. 09-3022 DEPUTY NATHAN JENKINS, Boone County Sheriff's Office; DEPUTY JEREMY WATSON, Boone County Sheriff's Office; DEPUTY CONTRERAS, Boone County Sheriff's Office; and DEPUTY J. BRISCO, Boone County Sheriff's Office DEFENDANTS MEMORANDUM OPINION Troy Frederick filed this pro se civil rights action pursuant to 42 U.S.C. ยง 1983 on March 13, 2009. His complaint was filed in forma pauperis (IFP). On August 11, 2009, an order was entered (Doc. 21) granting the defendants motion to compel. Frederick was directed to provide the defendants with discovery responses by 5:00 p.m. on August 31, 2009. On September 2, 2009, defendants filed a motion to dismiss (Doc. 22). In the motion, defendants state they have not received the discovery responses from the plaintiff. Plaintiff has not responded to the motion to dismiss. By separate order, defendants motion to dismiss (Doc. 22) will be granted based on plaintiff s failure to prosecute this action and his failure to obey the order of this court. Fed. R. Civ. P. 41(b). DATED this 23rd day of September 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE -1- AO72A (Rev. 8/82)