Carter v. UMass Correctional Health Care et al

Filing 3

Judge George A. OToole, Jr: ORDER entered. This action is DISMISSED WITHOUT PREJUDICE. No filing fee shall be assessed. This order is a final order of dismissal.(PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 14-12661-GAO
TERRY CARTER,
Plaintiff,
v.
UMASS CORRECTIONAL HEALTH CARE, et al.,
Defendants.

ORDER OF DISMISSAL
O’TOOLE, D.J.
Terry Carter was a named plaintiff in Stote v. UMass Correctional Health Care, C.A. No.
13-10267-NMG, a civil rights action filed by MCI Norfolk inmate John E. Stote in which he and
over one hundred other prisoners claimed that medical care at MCI Norfolk was inadequate.
In an order dated June 25, 2014, the Court ordered that the claims of each plaintiff be
severed and that a separate case be opened up for each individual plaintiff. See id. [Dkt. 20].
The order directed each plaintiff who wanted to prosecute his own claims to pay the $400 filing
fee or file an Application to Proceed in District Court Without Prepaying Fees or Costs within
sixty days and that the failure to pay the fee or seek leave to proceed without payment of the fee
may result in dismissal of the individual action without prejudice. The Clerk mailed a copy of
Judge Gorton’s order and the form Application to Carter in June 2014.
The sixty-day period has expired without any response from Carter. The documents the
Clerk mailed to him were not returned as undeliverable. The Court therefore assumes that the
plaintiff received the documents previously sent to him and has chosen not to prosecute this
action.

Accordingly, this action is DISMISSED WITHOUT PREJUDICE. No filing fee shall be
assessed. This order is a final order of dismissal.

IT IS SO ORDERED.
6/11/2015
DATE

/s/ George A. O’Toole, Jr.
GEORGE A. O’TOOLE, JR.
UNITED STATES DISTRICT JUDGE

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