IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION

KELON JACKSON ADC #155270 PLAINTIFF

No. 5:19-cv-163-DPM

POWELL, Sergeant, Tucker Unit; COPELIN, CO, Tucker Unit; THOMPSON, CO, Tucker Unit; HARRELL BERRYHILL, CO, Tucker Unit; GRISWOLD, APN/NP, Tucker Unit; and MCGLAWN, Nurse, Tucker Unit DEFENDANTS

ORDER The Court adopts Magistrate Judge Kearney’s unopposed recommendation, Doc. 66, as modified. FED. R. CIv. P.72(b) (1983 addition to advisory committee notes). Before dismissing a case for a discovery violation, the Court “must investigate whether a sanction less extreme than dismissal would suffice, unless the party’s failure was deliberate or in bad faith.” Avionic Co. v. General Dynamics Corp.,

(8th Cir. 1992) (emphasis original). But Jackson also failed to respond to the Court’s March and April Orders; and his time to do so has passed. Doc. 63. It is now May. The Court will therefore dismiss his complaint without prejudice for failure to prosecute. LOCAL RULE 5.5(c)(2). Defendants’ motion to compel, Doc. 59, is denied as moot.

So Ordered.

D.P. Marshall Jr. United States District Judge 5 May AOrD

-2-