Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Treymayne Perkins, Plaintiff, vs. Mark Freimark, et al., Defendants.

) ) ) ) ) ) ) ) ) )

No. CIV 03-1866 PHX-MHM (LOA) ORDER

This matter arises on the Court's review of the file. Plaintiff commenced this action on
15

September 24, 2003 (document # 1) and filed an Amended Complaint on February 12, 2004
16

(document # 6). On July 15, 2004, the Court ordered service of the Amended Complaint on
17

Defendants. (document # 7) Service has been executed on the Defendants. (documents # 8, #
18

9, # 10).
19 20

Defendants, however, have neither filed an Answer nor otherwise responded to

Plaintiff's Complaint. Plaintiff has kept the Court informed about his changes of address, however, he has not taken any action to further his claims against Defendants.
21

Federal Rule of Civil Procedure 41(b) provides that the Court may dismiss an action for
22

failure to prosecute.
23

In view of Plaintiff's failure to prosecute his claims against Defendants,
24

///
25

///
26

///
27

///
28

Case 2:03-cv-01866-MHM

Document 15

Filed 09/08/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS HEREBY ORDERED that on or before September 30, 2005, Plaintiff shall show cause why this matter should not be DISMISSED without prejudice for failure to prosecute pursuant to FED.R.CIV.P. 41(b). DATED this 7th day of September, 2005.

Case 2:03-cv-01866-MHM

-2Document 15 Filed 09/08/2005

Page 2 of 2