Sanders v. Muskogee County Detention Center et al

Filing 14

OPINION AND ORDER by District Judge James H. Payne: dismissing case with prejudice as frivolous (cjt, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA

TERRAN L. SANDERS,

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Plaintiff,
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vs.
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R.E. CHARLES PEARSON,
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RAYMOND BARNES, CHRIS BROWN,
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ROB COOLIE, JOHNNIE MERILL, SIX
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SIX UNKNOWN AGENTS,
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Defendants. )

Case No. CIV-12-101-JHP-SPS

OPINION AND ORDER
This matter comes before the court for review following an order entered herein on
May 15, 2012 (Doc. # 11) in which this court advised the plaintiff that his § 1983 complaint
was subject to dismissal for failure to state a claim upon which relief may be granted. At that
time, the plaintiff was given thirty (30) days, or until June 14, 2012, to cure the deficiencies
identified in his complaint by filing an amended complaint. To date, plaintiff has not
attempted to file an amended complaint.
Here, the Court finds the plaintiff has ceased to prosecute his case. Plaintiff was
advised that his complaint failed to state a claim for relief and was subject to dismissal
pursuant to Fed.R.Civ.P. 12(b)(6) unless he cured the identified deficiencies by filing an
amended complaint on or before June 14, 2012. This court finds failure to prosecute this
action has prejudiced the judicial system by the lack of any meaningful advancement in the

case. To the extent the court gave plaintiff an opportunity to correct the deficiencies and
plaintiff refused to take advantage of that opportunity, this court finds the complaint should
be dismissed, pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim against all of the
remaining defendants.
ACCORDINGLY, it is hereby ordered that:
1.

Plaintiff’s complaint is dismissed with prejudice as frivolous, pursuant to
Fed.R.Civ.P. 12(b)(6) of the Federal Rules of Civil Procedure and 28 U.S.C. §
1915(e).

2.

A separate judgment shall be entered in favor of the defendants and against plaintiff.
It is so ordered this 6th day of July, 2012.

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