Underwood v. Schofield et al

Filing 6

MEMORANDUM AND ORDER in support of the following Order dismissing case.Signed by Chief District Judge Thomas A Varlan on 4/11/16. (c/m)(ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
XAVION L. UNDERWOOD,
Plaintiff,
v.
DERRICK SCHOFIELD, et al.,
Defendants.

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No.: 3:15-CV-533-TAV-HGB

MEMORANDUM AND ORDER
On December 7, 2015, the Court entered a Deficiency Order [Doc. 3].

In the

Deficiency Order, Plaintiff was notified that, unless within thirty days, he paid the full filing
fee or submitted a certified copy of his inmate trust account for the previous six-month
period, his case would be dismissed for failure to comply with the orders of the Court [Id.
p.2]. Plaintiff responded to the order, explaining that he was experiencing difficulties in
complying with the deadline [Doc. 4], and the Court sua sponte extended the deadline an
additional thirty days [Doc. 5]. That additional time frame has lapsed, and Plaintiff has
failed to submit a certified copy of his trust fund account statement or otherwise respond to
the Court’s order authorizing an extension.
Accordingly, this case is DISMISSED for want of prosecution. See Fed. R. Civ. P.
41(b); Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962) (recognizing court’s authority to
dismiss a case sua sponte for lack of prosecution). In addition, this Court has carefully

reviewed this case pursuant to 28 U.S.C. § 1915(a) and CERTIFIES that any appeal from
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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