Dawson v. Monroe County, Tennessee et al (TV3)

Filing 104

ORDER: This case is thus DISMISSED with prejudice for failure to prosecute and for failure to follow the Courts orders. The Clerk of Court is DIRECTED to close this case. Signed by Chief District Judge Thomas A. Varlan on 6/4/18. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
JOHN EDWARD DAWSON, JR.,
Plaintiff,
v.
MONROE COUNTY, TENNESSEE,
JAMES PATRICK HENRY, individually,
and BILL BIVENS, individually,
Defendants.

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No.:

3:13-CV-240-TAV-DCP

ORDER
Before the Court are summary judgment motions filed by defendants Monroe
County, Tennessee, Bill Bivens, and James Patrick Henry [Docs. 96, 100]. Plaintiff has
not responded to these motions, and the deadline to do so has long since passed. See E.D.
Tenn. L.R. 7.1(a).

The Court recently ordered plaintiff to show cause within three days

why defendants’ motions should not be granted as unopposed [Doc. 103]. Additionally,
the Court cautioned plaintiff that failure to respond to the show cause order would be
grounds for the Court to either grant defendants’ motions for summary judgment or to
dismiss this case for failure to prosecute. See E.D. Tenn. L.R. 7.2 (providing that failure
to respond to a motion “may be deemed a waiver to any opposition to the relief sought”).
Three days have passed and plaintiff has failed to respond to defendants’ motions for
summary judgment or the Court’s show cause order.
The Court finds that plaintiff’s failure to respond is due to willfulness, bad faith, or
fault; that defendants have been prejudiced by plaintiff’s conduct; that plaintiff was

warned that failure to respond would lead to dismissal; and that the Court considered less
drastic sanctions but found that they would be ineffective under these circumstances. See
Fuller v. Gerth, 468 F. App’x 587, 588 (6th Cir. 2012). This case is thus DISMISSED
with prejudice for failure to prosecute and for failure to follow the Court’s orders. Id.
(“District courts are empowered to dismiss actions when a litigant fails to comply with a
court order or fails to prosecute a case.”); Fed. R. Civ. P. 41(b). The Clerk of Court is
DIRECTED to close this case.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT
s/ John L. Medearis
CLERK OF COURT

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