Ybarra v. Humphreys et al
Filing
21
MEMORANDUM AND OPINION as set forth in following order.Signed by District Judge R Leon Jordan on 4/5/13. (c/m)(ABF)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JUSTIN ERIC YBARRA,
Plaintiff,
v.
3:12-cv-306
C.O. MALVERY COOPER,
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 March 28, 2013. 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. The Court also notes that plaintiff has not responded to the
defendant's motion to dismiss. 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/ Leon Jordan
United States District Judge
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