Evans v. Claiborne County Jail et al (TVV)
Filing
42
MEMORANDUM AND OPINION as set forth in following order. Signed by Chief District Judge Thomas A Varlan on 11/5/15. (c/m)(ABF)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
KIPLEN D. EVANS, JR.,
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Plaintiff,
v.
SHERIFF DAVID RAY and
NURSE TERESA JOHNSON,
Defendants.
No.:
3:13-CV-432-TAV-HBG
MEMORANDUM
This is a pro se prisoner’s complaint filed pursuant to 42 U.S.C. § 1983. This matter is
set for trial on November 16, 2015. On October 19, 2015, this Court entered an order that set
forth the relevant history of this case, including the fact that Plaintiff’s counsel had been granted
leave to withdraw as counsel in this case based upon his inability to locate Plaintiff, and ordered
Plaintiff is to show cause as to why this action should not be dismissed for failure to prosecute
within ten (10) days [Doc. 41]. The Court also notified Plaintiff that failure to timely show cause
as to why the case should not be dismissed would result in dismissal of this case for failure to
prosecute [Id.]. Plaintiff has not responded to this order or otherwise contacted the Court, and
more than ten days has passed.
Accordingly, this case will be DISMISSED for failure to prosecute. Fed. R. Civ. P.
41(b). The Court hereby CERTIFIES that any appeal of this dismissal would not be taken
in good faith.
An appropriate order will enter.
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE
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