Farmers Plant Food, Inc. v. William J. Fisher and Chari A. Fisher

ARNOLD, Circuit Judge.

Farmers Plant Food, Inc., filed this complaint on June 13, 1983, against William J. Fisher and Chari Fisher. On December 7, 1983, the District Court on its own motion dismissed the complaint for lack of prosecution, but retained jurisdiction for ten days to afford counsel for plaintiff a chance to move to set aside the order of dismissal. Plaintiff did so move within the ten-day period, but on January 3, 1984, the District Court denied the motion, thus making final its earlier order dismissing the complaint with prejudice. Because the record contains no sufficient basis…