Venzor v. United States

Filing 6

ORDER: Therefore, this complaint is hereby DISMISSED for failure to comply with the orders of the court, and for want of prosecution. Signed by District Judge Kevin H. Sharp on 6/17/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CHERYL Y. VENZOR,

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Plaintiff,
v.
UNITED STATES,
Defendant.

No. 3:13-cv-00356
Judge Sharp

ORDER
The plaintiff, proceeding pro se and in forma pauperis, is a resident of Tucson, Arizona. She
brings this action under the Federal Torts Claim Act (FTCA), 28 U.S.C. §§ 1346, 2671 et seq.,
against the United States, alleging that her husband died as a result of negligent treatment he
received at an unnamed Veterans Administration hospital after sustaining an injury while serving
his country as a Special Forces/ Green Beret soldier. (Docket No. 1 at p. 1).
By order entered on April 30, 2013, the court directed the plaintiff to supplement her
complaint with the date on which she filed an administrative claim and the date that the agency
issued a final denial of her claim. (Docket No. 3). The court also forewarned the plaintiff that,
should she fail to comply with the court’s order within the time frame specified, any limitations
period applicable to this action will no longer be tolled, and the case could be dismissed for lack of
prosecution. (Id.)
The court’s docket reflects that the plaintiff received the court’s order on May 6, 2013.
(Docket No. 5). Yet, to date, the plaintiff has not complied with the court’s order. Therefore, this
complaint is hereby DISMISSED for failure to comply with the orders of the court, and for want
of prosecution. Rule 41(b), Fed. R. Civ. P.; see Link v. Wabash R.R., 370 U.S. 626, 630 (1962);
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Knoll v. Am. Tel. & Tel. Co., 176 F.3d 359, 363 (6th Cir. 1999).
Because an appeal would NOT be taken in good faith, the plaintiff is NOT certified to
pursue an appeal from this judgment in forma pauperis. 28 U.S.C. § 1915(a)(3).
It is so ORDERED.

Kevin H. Sharp
United States District Judge

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