Austin v. Campbell County Detention Facility
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, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
STEVEN D. AUSTIN,
CAMPBELL COUNTY DETENTION
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.
AN APPROPRIATE JUDGMENT ORDER WILL ENTER.
/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE
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