McGowan v. Ruiz et al (TVV)
Filing
100
MEMORANDUM AND OPINION as set forth in following order. Signed by Chief District Judge Thomas A Varlan on 5/25/16. (c/m to Mr. McGowan)(ABF)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
JOHNNY L. MCGOWAN,
Plaintiff,
v.
SHEILA RUIZ, B. FOSTER,
BRANDY HUTSON, FRED JAMES,
CORPORAL BRUGLIO,
KRISTOPHER STEWART,
L. AUGER, BILL KING, W. POTTER,
DOUG COOK, and R. DEAN HALL,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
No.:
3:12-CV-263-TAV-CCS
MEMORANDUM OPINION
This is a pro se prisoner’s civil rights action under 42 U.S.C. § 1983. Pursuant to the
Court’s scheduling order entered on February 1, 2016, Plaintiff was to file his Pretrial Narrative
Statement on or before May 16, 2016 [Doc. 81 pp. 1–2]. In the Scheduling Order, Plaintiff was
forewarned that if he did not comply with this deadline, his case would be dismissed for failure
to prosecute and failure to comply with the orders of the Court [Id. at 2]. The May 16, 2016,
deadline has passed, Plaintiff has not filed his pretrial narrative statement, and Defendants have
notified the Court that Plaintiff has not complied with the Scheduling Order [Doc. 97].
Accordingly, this action will be DISMISSED for failure to prosecute and failure to
comply with the orders of the court, Fed. R. Civ. P. 41(b), and Plaintiff’s pending motion for
contempt of Court and to compel [Doc. 92] is DENIED as moot. Given the reason for this
dismissal, the Court CERTIFIES that any appeal taken in this matter would not be taken in
good faith. 28 U.S.C. § 1915(a)(3). Thus, if Plaintiff files a notice of appeal, he must also
submit an application for leave to proceed in forma pauperis on appeal, his financial affidavit,
and a certified copy of his inmate trust account statement for the six months preceding the filing
of the notice of appeal. 28 U.S.C. § 1915(a)(2).
AN APPROPRIATE ORDER WILL ENTER.
ENTER:
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?