Lawson v. Hancock County Jail et al

Filing 8

MEMORANDUM AND ORDER: Thus, this case will be dismissed for failure to prosecute. In view of the reason for this dismissal, the Court CERTIFIES that any appeal from the judgment of dismissal would not be taken in good faith. See Fed . R. App. P. 24. Accordingly, should Plaintiff file a notice of appeal, he also must pay the full appellate filing fee of five-hundred, five dollars ($505.00) or submit a motion for leave to appeal in forma pauperis and any required supporting documentation. Finally, the Clerk is DIRECTED to close the file. Signed by District Judge J Ronnie Greer on 6/1/2017. (C/M pro se plaintiff) (JCK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE

DARRELL L. LAWSON,
Plaintiff,
v.
HANCOCK COUNTY JAIL, et al.,
Defendants.

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No. 2:14-CV-109-JRG-MCLC

MEMORANDUM and ORDER

This pro se prisoner’s civil rights action, 42 U.S.C. § 1983, is before the Court on
Plaintiff’s failure to meet the deadline for responding to the Court’s order [Doc. 7]. The order
directed Plaintiff to show cause as to why he had failed to achieve service on Defendants or even
to attempt to serve process on them [Id.]. The order also warned Plaintiff that his failure timely
to show cause would result in the dismissal of his case for want of prosecution. Fed. R. Civ. P.
41(b); Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962) (recognizing a court’s authority to
dismiss a case sua sponte for lack of prosecution); Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991).
Thus, this case will be dismissed for failure to prosecute. In view of the reason for this
dismissal, the Court CERTIFIES that any appeal from the judgment of dismissal would not be
taken in good faith. See Fed. R. App. P. 24. Accordingly, should Plaintiff file a notice of appeal,
he also must pay the full appellate filing fee of five-hundred, five dollars ($505.00) or submit a
motion for leave to appeal in forma pauperis and any required supporting documentation.
Finally, the Clerk is DIRECTED to close the file.

AN APPROPRIATE JUDGMENT WILL ENTER.

s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE

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