CHAMBERS v. CCA/CTF et al

Filing 17

MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on 9/9/19. (ms)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JAMES M. CHAMBERS,
Plaintiff,
v.
CCA/CTF, et al.,
Defendants.

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Civil Action No. 17-0682 (EGS)

MEMORANDUM OPINION
Plaintiff’s claims arose during his detention at the Correctional Treatment Facility
(“CTF”) in Washington, D.C. At that time, Corrections Corporation of America (“CCA,” now
known as CoreCivic) operated the CTF. The United States Marshals Service attempted to serve
CCA at the CTF, a deputy was directed to CCA’s registered agent. See ECF No. 10. The Court
issued summonses for each of the four defendants plaintiff named in his complaint, see ECF No.
12, and a Deputy United States Marshal purportedly served these summonses on August 9, 2018,
see ECF No. 13. No individual defendant has appeared pro se, and counsel has entered an
appearance on behalf any defendant. According to BOP’s Inmate Locator, plaintiff has been
designated to a federal penitentiary in Coleman, Florida.
Given the lack of activity in the case over several months, it appeared that the plaintiff
did not intend to prosecute the case. Before issuing a dismissal order, however, the Court
afforded plaintiff an opportunity to be heard. On June 24, 2019, the Court issued an order to
show case, see ECF No. 16, directing the plaintiff to show cause in writing why this case should
not be dismissed for failure to prosecute. The Clerk of Court sent the plaintiff a copy of the
order at USP Coleman, and to date, the plaintiff has not responded to the order to show cause.

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Accordingly, the Court will discharge the order to show case and dismiss the complaint
and this civil action without prejudice for failure to prosecute. An Order is issued separately.

DATE: September 9, 2019

/s/
EMMET G. SULLIVAN
United States District Judge

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