Gates v. Lee County et al (INMATE2)

Filing 22

MEMORANDUM OPINION. Signed by Honorable Terry F. Moorer on 9/21/2009. (cc, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION _____________________________ R E G IN A L D S. GATES P l a in tif f , v. M R . COBB, et al., D e f e n d a n ts . _____________________________ * * * * * 3:09-CV-480-TFM (WO)

M EM O RA ND UM OPINION P la in tif f , a prison inmate, filed this complaint on May 22, 2009. On June 4, 2009 the c o u rt directed Defendants to file an answer and written report addressing Plaintiff's claims f o r relief. In compliance with the court's order, Defendants submitted an answer and written re p o rt on August 14, 2009 which contained relevant evidentiary materials refuting the a lle g a tio n s presented in the instant complaint. The court then issued an order directing P la in tif f to file a response to Defendants' answer and written report. (Doc. No. 21.) Plaintiff w a s advised that his failure to respond to Defendants' answer and written report would be tre a ted by the court "as an abandonment of the claims set forth in the complaint and as a failure to prosecute this action." ( Id.) (emphasis in original). Additionally, Plaintiff was " s p e c ific a lly cautioned that [his failure] to file a response in compliance with the d ir e ctiv e s of this order" would result in the dismissal of this case. (Id.) The time allotted Plaintiff for the filing of a response expired on September 8, 2009.

A s of the present date, Plaintiff has filed nothing in opposition to Defendants' answer and w ritten report as required by order filed August 17, 2009. In light of the foregoing, the court c o n c lu d e s that this case should be dismissed. The court has reviewed the file in this case to determine whether less drastic sa n c tio n s than dismissal are appropriate. After such review, it is clear that dismissal of this c a se is the proper sanction. Plaintiff is an indigent state inmate. Thus, the imposition of m o n e ta ry or other punitive sanctions against him would be ineffectual. Additionally, P l a i n tif f has exhibited a lack of respect for this court and its authority as he has failed to c o m p ly with the directives of the orders entered in this case. It is, therefore, apparent that a n y additional effort by this court to secure Plaintiff's compliance would be unavailing. Consequently, the court concludes that Plaintiff's abandonment of his claims and his failures to comply with the orders of this court and properly prosecute this cause of action warrant dismissal of this case. For the foregoing reasons, the undersigned concludes that this case shall be dismissed. A separate order follows. D o n e , this 21 st day of September 2009.

/s/Terry F. Moorer . T E R R Y F. MOORER U N IT E D STATES MAGISTRATE JUDGE

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