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Marshall v. Hubbard

November 5, 2007

STEVEN L. MARSHALL ADC #104655 PLAINTIFF
v.
CONNIE HUBBARD, VARNER UNIT, ARKANSAS DEPARTMENT OF CORRECTION; AND DR. JOHN O. LYTLE, JEFFERSON REGIONAL MEDICAL CENTER DEFENDANTS



ORDER OF DISMISSAL

Plaintiff, who is currently confined at the East Arkansas Regional Unit of the Arkansas Department of Correction, has commenced this pro se § 1983 action alleging that Defendants Connie Hubbard and Dr. John O. Lytle have failed to provide him with adequate medical care.*fn1 See docket entries #2 and #5. On September 25, 2007, the Court entered an Order giving Plaintiff thirty days to file Responses to Defendants' Motions for Summary Judgment. See docket entry #87. Importantly, the Court advised Plaintiff that the failure to timely and properly do so would result in the dismissal of his case, without prejudice, pursuant to Local Rule 5.5(c)(2).*fn2 Id. As of the date of this Order of Dismissal, Plaintiff has failed to comply with the Court's September 25, 2007 Order, and the time for doing so has expired.

IT IS THEREFORE ORDERED THAT:

1. Pursuant to Local Rule 5.5(c)(2), this case is DISMISSED, WITHOUT PREJUDICE, due to Plaintiff's failure to timely and properly comply with the Court's September 25, 2007 Order (docket entry #87).

2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order of Dismissal and the accompanying Judgment would not be taken in good faith.

Dated this 5th day of ...


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