Brown v. Simpson et al

Filing 12

MEMORANDUM AND OPINION by Judge Charles R. Simpson, III re:failure to file complaint.cc:counsel,plaintiff (MLG)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
LU’SEAN BROWN
v.

PLAINTIFFS
CIVIL ACTION NO. 3:11CV-P675-S

MIKE SIMPSON et al.

DEFENDANTS
MEMORANDUM OPINION

Plaintiff Lu’Sean Brown initiated this civil action under 42 U.S.C. § 1983. The Court sent an
Order to Plaintiff on January 5, 2012, for him to fill out this Court’s complaint form within 30 days.

The Order advised Plaintiff that failure to file a complaint on the appropriate form within the
time allowed would result in dismissal of this action. Review of the record in this action reveals
that Plaintiff has failed to comply with this Court’s Order.1 It has been more than 30 days since
the Order was sent to Plaintiff with no response from Plaintiff.

Therefore, by separate Order this Court will dismiss this action pursuant to Fed. R. Civ.
P. 41(b) for failure to comply with a prior Order of this Court and failure to prosecute.
Date:

March 29, 2012

cc:

Plaintiff, pro se
Defendants
4411.009

1

The Court’s Order originally was sent to Plaintiff at his address at Oldham County Jail.
That mailing was returned by the United States Postal Service marked, “Return to Sender; Inmate No
Longer Here.” The Jailer at Oldham County Jail sent the Court a courtesy letter explaining that
Plaintiff had been transferred to Roederrer Correctional Complex (RCC). The Court resent the
Order to Plaintiff at RCC on January 18, 2012. It has not been returned.