Dunn v. Gray et al (RHC)

Filing 53

MEMORANDUM OPINION in support of the following Order dismissing this case. Signed by Chief District Judge Thomas A. Varlan on 3/3/17. (c/m)(ADA)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE JOSHUA DUNN, # 412303, Plaintiff, v. JAMES GRAY, et al., Defendants. ) ) ) ) ) ) ) ) ) No.: 3:16-CV-033-TAV-HBG MEMORANDUM OPINION This pro se prisoner’s civil rights action filed under 42 U.S.C. § 1983 is before the Court upon Plaintiff’s failure to comply with the Amended Scheduling Order entered on July 27, 2016 [Doc. 44]. That Order provided that Plaintiff was to file his Pretrial Narrative Statement on or before February 22, 2017 [Id. ¶ 3], and Plaintiff was forewarned in the prior Scheduling Order that, unless he complied with that filing deadline, his case would be dismissed [Doc. 41 ¶ 6]. The filing deadline has passed, and Plaintiff has failed to file his Pretrial Narrative Statement. Accordingly, this action will be DISMISSED for Plaintiff’s failure to prosecute and to comply with the orders of the court. Fed. R. Civ. P. 41(b). Given the reason for this dismissal, the Court will CERTIFY that any appeal taken in this matter would not be taken in good faith. 28 U.S.C. § 1915(a)(3). Thus, should Plaintiff file a notice of appeal, he must also submit an application for leave to proceed in forma pauperis on appeal 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). The Clerk will be DIRECTED to CLOSE this case. IT IS SO ORDERED. s/ Thomas A. Varlan CHIEF UNITED STATES DISTRICT JUDGE

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