Long v. UMass Correctional Health Care et al

Filing 4

Chief Judge Patti B. Saris: ORDER entered that this action is DISMISSED without prejudice.(PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
VANN LONG,
Plaintiff,
C.A. No. 14-12767-PBS

v.
UMASS CORRECTIONAL HEALTH CARE,
et al.,
Defendants.
ORDER

November 5, 2014
SARIS, C.D.J.
Plaintiff Vann Long originally filed a joint complaint that
was part of a multi-plaintiff civil rights action.

See Stote, et

al. v. UMASS Correctional Health Care, et al., C.A. No.
13-10267-NMG (the “2013 action”).

The 2013 action was initiated

by MCI Norfolk inmate John E. Stote concerning alleged inadequate
medical care at MCI Norfolk.

On June 25, 2014, the judge

assigned to the 2013 action severed the individual prisoner
claims into separate cases.

See No. 13-10267-NMG, 06/25/2014

Memorandum and Order (the "June Order), Docket #20.
Pursuant to the directives of the June Order, the Clerk
opened a new case for Long.
Order was mailed to Long.

See Docket, 14-12767-PBS.

The June

Id.

Long has not responded to the Court’s order and the time to
do so has expired.

The Order was not returned to the Court as

undeliverable and a search of the on-line Victim Information &
Notification Everyday (VineLink) homepage reveals that Mr. Long

is still incarcerated at MCI Norfolk.

See VineLink Offender

Locator, http://www.vinelink.com (last visited Nov. 5, 2014).
The fact that Long has not responded to the Court’s order
suggests that he has decided not to press his individual claim.
The Supreme Court has recognized that district courts have
inherent power to dismiss cases for failure to prosecute.

See

Link v. Wabash R.R. Co., 370 U.S. 626, 629 (1962) ("The authority
of a federal trial court to dismiss a plaintiffs action with
prejudice because of his failure to prosecute cannot seriously be
doubted.").

The Court is not required to delay disposition in

this action.
For the foregoing reasons, it is hereby ORDERED this action
is DISMISSED without prejudice.
SO ORDERED.
/s/ Patti B. Saris
PATTI B. SARIS
CHIEF, UNITED STATES DISTRICT JUDGE

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