Seals v. Hawkins County Sheriff's Department et al

Filing 5

MEMORANDUM ; from plaintiff's inaction in this matter, the Court concludes that he no longer wishes to pursue this litigation and, therefore, will DISMISS this case by a separate order for his failure to prosecute and to comply with the orders of the Court. Lastly, the Court FINDS that any appeal from this decision would not be taken in good faith and, accordingly, will also DENY plaintiff leave to proceed in forma pauperis on appeal.Signed by District Judge J Ronnie Greer on 6/17/11. c/m (KDO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at GREENEVILLE
JOHNNY KAY SEALS
v.
HAWKINS COUNTY SHERIFF
ROGER CHRISTIAN and BRAD
WILMOUTH

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NO. 2:09-CV-207
Greer/Inman

MEMORANDUM
This pro se civil rights complaint under 42 U.S.C. § 1983 was filed by a prisoner in the
Hawkins County jail in Rogersville, Tennessee. On January 25, 2011, the Court entered an order,
directing the Clerk to send plaintiff a service packet and ordering him to complete and return the
packet to the Court within twenty (20) days [Doc. 4]. Plaintiff was also forewarned that, if he failed
to comply with the order in a timely fashion, his lawsuit would be jeopardized [Id.]. Nearly six
months have passed and plaintiff has failed to return the service packet or otherwise respond to the
order.
From plaintiff's inaction in this matter, the Court concludes that he no longer wishes to
pursue this litigation and, therefore, will DISMISS this case by a separate order for his failure to
prosecute and to comply with the orders of the Court. Fed. R. Civ. P. 41(b). Lastly, the Court
FINDS that any appeal from this decision would not be taken in good faith and, accordingly, will
also DENY plaintiff leave to proceed in forma pauperis on appeal. 28 U.S.C. § 1915(a)(3).

ENTER:
s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE