Scott v. Gallagher et al

Filing 5

Dismissal Order signed by Judge James S. Gwin on 8/6/18 dismissing this action for want of prosecution. The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
------------------------------------------------------:
NILES SCOTT,
:
:
Plaintiff,
:
:
vs.
:
:
EILEEN T. GALLAGHER, et al.,
:
:
Defendants.
:
:
-------------------------------------------------------

CASE NO. 1:18 CV 1042

DISMISSAL ORDER

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Pro se plaintiff Niles Scott filed this civil rights action on May 4, 2018. The application
he filed to proceed in forma pauperis was incomplete. Accordingly, in an order dated June 22,
2018, the plaintiff was ordered either to pay the filing fee, or to submit a complete application to
proceed in forma pauperis within 30 days in order to proceed with the case. (See Doc. No. 4.)
The order expressly notified the plaintiff that his action was subject to dismissal if he failed to
comply with the order.
To date, the plaintiff has not complied with the Court’s June 22nd deficiency order.
Accordingly, this action is hereby dismissed without prejudice for want of prosecution. See
McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997); Erby v. Kula, Case No. 03-2377,
2004 WL 2320326 (6th Cir. Sept. 20, 2004) (affirming dismissal of § 1983 action for want of
prosecution where prisoner failed to comply with court’s deficiency order).

Case No. 1:18cv1042
Gwin, J.
The Court further 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.

Dated: August 6, 2018

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

-2-