Ruiz v. Davis et al

Filing 41

ORDER granting 40 Defendants' Motion to Dismiss and Order of Dismissal with Prejudice. Signed by Judge S. Thomas Anderson on 9/30/11. (Anderson, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

GILBERTO RUIZ a/k/a
JESUS BARRIGA a/k/a
JOSE SANCHEZ a/k/a
GILBERTO LOPEZ,
Plaintiff,
vs.
S. DAVIS, et al.,
Defendants.

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No. 09-2042-STA-cgc

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
AND
ORDER OF DISMISSAL WITH PREJUDICE

On February 2, 2009, Plaintiff Gilberto Ruiz a/k/a Jesus
Barriga a/k/a Jose Sanchez a/k/a Gilberto Lopez, who was, at the
time, a pretrial detainee at the Shelby County Criminal Justice
Complex in Memphis, Tennessee, filed a pro se complaint pursuant to
42 U.S.C. § 1983. (ECF No. 1.) Plaintiff subsequently notified the
Clerk that he had been transferred to the Shelby County Correction
Center in Memphis, Tennessee. (ECF No. 3.) The claims against the
remaining defendants are scheduled for trial on December 5, 2011.
(ECF No. 36.)
On August 12, 2011, the Court issued an order directing
the parties to file a report addressing the status of the case
within fourteen (14) days. (ECF No. 37.) On August 23, 2011,
Plaintiff’s copy of that order was returned by the post office as

undeliverable. (ECF No. 38.) The envelope was stamped, “RETURN TO
SENDER[.] INMATE DISCHARGED[.]” (Id. at 3.) Plaintiff did not
respond to the Court’s order.
On August 24, 2011, Defendant filed a Motion to Dismiss
for Failure to Prosecute and to Obey Court’s Orders. (ECF No. 40.)
That order noted that Plaintiff was released from prison on or
about May 30, 2011, at the conclusion of his sentence. (Id. at 2.)
Plaintiff did not respond to that order, and the time for a
response has expired.
Because it appears that Plaintiff has abandoned this
case, the Court GRANTS Defendant’s motion to dismiss. The action is
DISMISSED WITH PREJUDICE pursuant to Rule 41(b) of the Federal
Rules of Civil Procedure. Judgment shall be entered for Defendants.
IT IS SO ORDERED this 30th day of September, 2011.

s/ S. Thomas Anderson
S. THOMAS ANDERSON
UNITED STATES DISTRICT JUDGE

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