Webb v. Ray et al

Filing 22

MEMORANDUM OPINION noting plaintiff has failed to file his Pretrial Narrative Statement or otherwise respond to the Scheduling Order. Accordingly, this action will be DISMISSED WITH PREJUDICE for failure to prosecute and to comply w ith the orders of the Court. All other pending motions will be DENIED as MOOT. The Court will CERTIFY that any appeal from this action would not be taken in good faith and would be totally frivolous. Signed by District Judge Thomas W Phillips on June 13, 2012. (mailed to Mr. Webb) (AYB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE LESLIE J. WEBB, Plaintiff, v. 3:11-cv-162 GEORGE WASHINGTON, Defendant. MEMORANDUM This is a pro se prisoner's civil rights action brought pursuant to 42 U.S.C. ยง 1983. By the Scheduling Order entered in this cause, the plaintiff was ordered to file his Pretrial Narrative Statement on or before May 8, 2012. The plaintiff was advised that failure to file a Pretrial Narrative Statement would result in dismissal of plaintiff's complaint for failure to prosecute and to comply with the orders of the Court. The plaintiff has failed to file his Pretrial Narrative Statement or otherwise respond to the Scheduling Order. Accordingly, this action will be DISMISSED WITH PREJUDICE for failure to prosecute and to comply with the orders of the Court. Rule 41(b) of the Federal Rules of Civil Procedure. See Jourdan v. Jabe, 951 F.2d 108 (6th Cir. 1991); Carver v. Bunch, 946 F.2d 451 (6th Cir. 1991). All other pending motions will be DENIED as MOOT. The Court will CERTIFY that any appeal from this action would not be taken in good faith and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure. AN APPROPRIATE ORDER WILL ENTER. s/ Thomas W. Phillips United States District Judge 2

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