Austin v. Campbell County Detention Facility

Filing 4

MEMORANDUM AND ORDER. Because of Plaintiffs failure to comply with the orders of the Court and to prosecute his case, this lawsuit will be DISMISSED WITHOUT PREJUDICE. Fed. R.Civ. P. 41(b). Signed by District Judge Harry S Mattice, Jr on 3/24/17. Serviced via US Mail to Steven D. Austin.(KFB, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE STEVEN D. AUSTIN, Plaintiff, v. CAMPBELL COUNTY DETENTION FACILITY, Defendant. ) ) ) ) ) ) ) ) ) ) No.: 2:16-CV-358-HSM-MCLC MEMORANDUM AND ORDER On January 3, 2017, a Deficiency Order was entered in this pro se prisoner’s civil rights case, filed under 42 U.S.C. § 1983 [Doc. 3]. In the Deficiency Order, Plaintiff was notified that, unless within thirty (30) days of that date, he paid the full filing fee or signed his application to proceed in forma pauperis and 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 orders of the court and also would assess the filing fee [Id.]. That time frame has 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 hereby ASSESSES him 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 lawsuit will be DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 41(b). Finally, the Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24. AN APPROPRIATE JUDGMENT ORDER WILL ENTER. /s/ Harry S. Mattice, Jr._______ HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE 2

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