Case No. 06-C-0606.
January 22, 2008
On October 26, 2007, the defendants filed a motion for summary judgment. To date, pro se plaintiff Frederick Young has not responded to the defendants' motion nor has he requested more time to respond to the defendants' motion. Earlier in this action, the plaintiff demonstrated a similar lack of diligence by failing to respond to the defendants' motion to dismiss. ( See Order, Sept. 19, 2006.) Given the plaintiff's continued lack of diligence and the several months of inactivity in this case, the court will dismiss this action for lack of diligence. See Civil L.R. 41.3 ("Whenever it appears to the Court that the plaintiff is not diligently prosecuting the action, the Court may enter an order of dismissal with or without prejudice. Any affected party can petition for reinstatement of the action within 20 days."). Because the defendant invested significant time and effort defending this action, the court will dismiss this action with prejudice. Should the plaintiff move for reinstatement, he shall also file a response to the defendants' motion for summary judgment.
IT IS ORDERED that this action be and the same is hereby DISMISSED with prejudice for lack of diligence pursuant to Civil L.R. 41.3. The plaintiff may petition for reinstatement of the action within 20 days.
The clerk of court is directed to enter judgment accordingly.