Sanchez v. Byrd

Filing 5

MEMORANDUM OPINION in support of the following Order dismissing case for want of prosecution. Signed by Chief District Judge Thomas A Varlan on 2/23/17. (c/m)(ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
ALEXANDER SANCHEZ,

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Plaintiff,
v.
OFFICER BYRD,
Defendant.

No.:

1:16-CV-509-TAV-CHS

MEMORANDUM OPINION
On January 13, 2017, a Deficiency Order was entered in this pro se prisoner’s civil rights
case under 42 U.S.C. § 1983 [Doc. 4]. In the Deficiency Order, Plaintiff was notified that, unless
within thirty (30) days of that date, he paid the full filing fee or submitted a certified copy of his
inmate trust account statement for the last six-month period, the Court would dismiss his lawsuit
for failure to prosecute and to comply with the Court’s orders and also would assess the filing fee
[Id.]. Thirty days have passed, and Plaintiff has not responded to the Deficiency Order or
otherwise communicated with the Court.
Accordingly, the Court presumes that Plaintiff is not a pauper and he will be ASSESSED
the full filing fee of four hundred dollars ($400.00) as authorized under 28 U.S.C. § 1914(a). 28
U.S.C. § 1915(b)(2); McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997) (instructing
that “[i]f the prisoner does not comply with the district court’s directions, the district court must
presume that the prisoner is not a pauper and assess the inmate the full amount of fees”),
overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007).
Because of Plaintiff’s failure to comply with the orders of the Court and to prosecute his
case, this action will be DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 41(b).

The Clerk of Court will be DIRECTED to CLOSE this case.
AN APPROPRIATE ORDER WILL ENTER.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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