Simonis v. Johnson

Filing 11

Memorandum of Opinion and Order On 1/4/2018, (ECF No. 9), Pro Se Plaintiff James E. Simonis was ordered to file with the Clerk of Court on or before 1/25/2018 an appropriate application for entry of default and an appropriate motion, affidavit, and proposed order for default judgment, or show cause why the case should not be dismissed for want of prosecution. ECF No. 9 . Although the due date has come and gone, Plaintiff has not sought additional time and has not filed either an application for entry of default or a motion, affidavit, and proposed order for default judgment. Accordingly, this action is hereby dismissed without prejudice for want of prosecution. Furthermore, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Benita Y. Pearson on 1/31/2018. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

JAMES E. SIMONIS,
Plaintiff,
v.
OFFICER G. JOHNSON,
Defendant.

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CASE NO. 1:17CV2071

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER

The Complaint (ECF No. 1) in this prisoner civil rights case was filed on October 2,
2017. In an entry dated January 4, 2018 (ECF No. 9), Pro Se Plaintiff James E. Simonis was
ordered to file with the Clerk of Court on or before January 25, 2018 an appropriate application
for entry of default pursuant to Fed. R. Civ. P. 55(a) and an appropriate motion, affidavit, and
proposed order for default judgment pursuant to Fed. R. Civ. P. 55(b) or show cause why the
above-entitled case should not be dismissed for want of prosecution. Although the due date has
come and gone, Plaintiff has not sought additional time and has not filed either an application for
entry of default or a motion, affidavit, and proposed order for default judgment.
Accordingly, this action is hereby dismissed without prejudice for want of prosecution.

(1:17CV2071)
Furthermore, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this
decision could not be taken in good faith.

IT IS SO ORDERED.

January 31, 2018
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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