McCord et al v. Correction Corporation of America, et al

Filing 4

MEMORANDUM with order to follow;Signed by District Judge Curtis L Collier on 7/15/2013. (AWH, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
DUSTIN MCCORD, JAMES D.
SMITH, AND KELLEY LEVI,
Plaintiffs,
v.
CORRECTION CORPORATION OF
AMERICA, AND OFFICER CASTLE,
Defendants.

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1:13-cv-54
Judge Curtis L. Collier

MEMORANDUM
Plaintiffs Dustin McCord (“McCord”), James D. Smith (“Smith”), and Kelley Levi (“Levi”)
have filed a pro se prisoner civil rights complaint pursuant to 42 U.S.C. § 1983 (Court File No. 1).
Each Plaintiff failed to file a motion to proceed in forma pauperis along with the appropriate
documentation or pay one third of the $350.00 filing fee.
On May 28, 2013, the Court issued an order directing each Plaintiff to pay his one-third
portion of the $350.00 filing fee or file an in forma pauperis application along with a Prisoner
Account Statement Certificate completed by the authorized custodian of inmate accounts within
thirty days from the date of the order (Court File No. 2). Plaintiffs were forewarned that failure to
pay the filing fee or return the completed documents within the time required would result in the
dismissal of his case for lack of prosecution.
Plaintiff James D. Smith’s mail was returned as “not at this address” and undeliverable;
Smith has not notified the Court of his new address (Court File No. 3). Neither of the other two
remaining Plaintiffs have responded to the Court’s order. Consequently, Plaintiffs have failed to
follow the Court’s Order. Federal Rule of Civil Procedure 41(b) permits the involuntary dismissal

of a suit when a plaintiff fails to prosecute his case or follow a court’s order. Plaintiffs’ failure to
follow the Court’s Order and the Court’s interest in managing the docket weigh in favor of
dismissal, as the Court cannot hold this case in abeyance indefinitely waiting for Plaintiffs to pay
the filing fee or submit the proper documents.
Plaintiffs have given no indication that they intend to proceed with this action. Rule 41(b)
of the Federal Rules of Civil Procedure allows a court to dismiss an action sua sponte for failure to
prosecute or for failure to comply with the federal rules or any court order. This authority is based
on the Court’s inherent authority to control its docket and prevent undue delays in the disposition
of pending cases. Given Plaintiffs’ failure to abide by this Court’s Order, no lesser sanction than
dismissal is feasible.
Therefore, this action will be DISMISSED for Plaintiffs’ failure to comply with the orders
of this Court (Court File No. 1). Fed. R. Civ. P. 41(b); Jourdan v. Jabe, 951 F.2d 108 (6th Cir.
1991).
An appropriate Judgment will enter.
/s/
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE

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