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Rice v. Don Peck's Transportation

July 29, 2010

NONA RICE, PLAINTIFF,
v.
DON PECK'S TRANSPORTATION, LLC, DEFENDANT.



The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

On November 12, 2009, Rice filed an Amended Complaint againstDon Peck's Transportation, LLC (Doc. 41). On March 22, 2010, the Clerk of the Court issued a Notice of Impending Dismissal For Want Of Prosecution for failure to effectuate service on Defendant (Doc. 43). The Notice gave Rice up to and including April 15, 2010to effect service.That same day, a summons was issued to Defendant (Doc. 44). On July 13, 2010, the Court entered a Show Cause Order directing Rice to explain in writing on or before July 27, 2010 why the Court should not dismiss her case for want of prosecution (Doc. 45). The Show Cause Order also warned Rice that the failure to respond would result in her case being dismissed. Rice failed to timely respond to the Show Cause Order. Thus, the Court DISMISSES without prejudice Rice's cause of action against Don Peck's Transportation, LLC for want of prosecution. The Court will close the file.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

20100729

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