Strickland v. Watts et al

Filing 5

MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge Thomas W Phillips on 7/9/13. (c/m)(ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

PAUL A. STRICKLAND,
Plaintiff,
v.
ANDREW D. WATTS, et al.,
Defendants.

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No. 3:11-CV-71
(Phillips)

MEMORANDUM OPINION

Plaintiff filed this action on February 10, 2011. No activity in the case has
occurred since that time. On June 7, 2013, plaintiff was ordered to show cause in writing
why this action should not be dismissed for failure to prosecute. No response has been
filed.

Rule 4(m) of the Federal Rules of Civil Procedure states:
If a defendant is not served within 120 days after the complaint
is filed, the court, on motion or on its own after notice to the
plaintiff, must dismiss the action without prejudice against the
defendant or order that service be made within a specified
time.

Here, plaintiff has failed to serve the summons and complaint on any defendant within 120
days of filing the complaint; and plaintiff has failed to respond to the court’s show cause

order, indicating to the undersigned that plaintiff has no desire to prosecute this case.
Accordingly, the court finds that this action shall be DISMISSED as to all defendants,
without prejudice, due to plaintiff’s failure to prosecute.

ENTER:
s/ Thomas W. Phillips
United States District Judge