Clervrain v. Fox

Filing 5

ORDER DISMISSING CASE. Signed by Judge Susan P. Watters on 4/28/2021. Mailed to Clervrain (TAG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION MANETIRONY CLERVRAIN, Cause No. CV 20-189-BLG-SPW Plaintiff/Petitioner, ORDER vs. TIM FOX, Defendant/Respondent. On December 28, 2020, Plaintiff Clervrain moved to proceed in forma pauperis with an action alleging he is being detained illegally and in unlawful conditions. United States Magistrate Judge Timothy J. Cavan reserved ruling on the motion to proceed in forma pauperis. He also required Clervrain, an immigration detainee in Okmulgee, Oklahoma,to explain why he named Tim Fox as a defendant or respondent and why he filed in the District of Montana. See Order(Doc. 3). Clervrain did not respond to the Order. Federal Rule of Civil Procedure 41(b) authorizes the Court to dismiss an action "[i]f the plaintiff fails to prosecute" the action. The Court may dismiss a case on its own motion without awaiting a defense motion. See, e.g., Link v. Wabash R.R., 370 U.S. 626, 633(1962); Hells Canyon Preservation Council v. United States Forest Serv., 403 F.3d 683,689(9th Cir. 2005).

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