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Collins v. Cissell

July 24, 2007

COREY COLLINS PLAINTIFF ADC # 123735
v.
CISSELL, OFFICER, GRIMES UNIT, ADC DEFENDANT



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

On July 24, 2007, this case was called for trial by jury. Defendant appeared with his lawyer and Plaintiff's lawyer was present, but Plaintiff was not.

This trial has been continued twice to allow Plaintiff's lawyer to contact Plaintiff and prepare for trial.*fn1 Plaintiff's lawyer wrote and called Plaintiff, but received no response.

Defendant moved for a dismissal for failure to prosecute. Plaintiff's counsel asked that the dismissal be without prejudice.

For good cause shown, Defendant's motion and Plaintiff's attorney's request are GRANTED. This case is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED this 24th day of ...


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