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Arnold v. Arkansas Dep't of Correction

January 5, 2006

VERA ARNOLD ADC #706169 PLAINTIFF
v.
ARKANSAS DEPARTMENT OF CORRECTION; AND LARRY NORRIS, DIRECTOR, ADC DEFENDANTS



ORDER

Plaintiff, who is represented by counsel, has commenced this action alleging that Defendants violated her constitutional rights, as protected by 42 U.S.C. § 1983, and committed the state torts of negligence and medical malpractice while she has been incarcerated at the McPherson Unit of the Arkansas Department of Correction ("ADC"). See docket entry #18.

Separate Defendant CMS has previously filed two Motions to Dismiss, to which Plaintiff never responded. See docket entries #28 and #52 Those Motions were subsequently granted, and separate Defendant CMS has been dismissed, without prejudice, from this action. See docket entries #46 and #58.

On December 6, 2005, the remaining Defendants, ADC and ADC Director Larry Norris, filed a Motion for Judgment on the Pleadings and a supporting brief. See docket entries #54 and #55. Plaintiff has not filed a response to that dispositive motion, and the time for doing so has expired.*fn1

Additionally, Plaintiff has not filed any pleadings in this action (including objections to the Partial Recommended Dispositions recommending dismissal of separate Defendant CMS) since she filed her Amended and Substituted Complaint on June 14, 2005. See docket entry #18.

The Court is reluctant to expend any additional judicial resources if Plaintiff is no longer interested in pursuing this case. Accordingly, the Court will give Plaintiff fifteen (15) days to file either: (1) a Statement indicating that she intends to proceed with this case and a Response to the pending Motion for Judgment on the Pleadings; or (2) a Motion for Voluntary Dismissal, without prejudice, pursuant to Fed. R. Civ. P. 41(a)(2).Importantly, Plaintiff is hereby advised that the failure to timely and properly comply with this Order will result in this case being dismissed, with prejudice, due to her failure to prosecute. See Fed. R. Civ. P. 41(b) (providing that a case may be dismissed for "failure of the plaintiff to prosecute or to comply with these rules or any order of the court . . ." and that "[u]nless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision . . . operates as an adjudication upon the merits").

IT IS THEREFORE ORDERED THAT Plaintiff shall, within fifteen (15) days of the entry of this Order, file either: (1) a Statement indicating that she intends to proceed with this case and a Response to the pending Motion for Judgment on the Pleadings; or (2) a Motion for Voluntary Dismissal, without prejudice, pursuant to Fed. R. Civ. P. 41(a)(2).

Dated this 5th day of ...


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