Nation v. State of Washington County of Benton

Filing 13

ORDER DISMISSING CASE - The court further certifies that an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. 2253(c);Fed. R. App. P. 22(b). Signed by Judge Salvador Mendoza, Jr. (VR, Courtroom Deputy)

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1 2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Jan 10, 2018 4 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 TIMOTHY EDWARD NATION, 7 NO: 4:17-CV-05137-SMJ Petitioner, 8 ORDER DISMISSING CASE v. 9 STATE OF WASHINGTON, 10 Respondent. 11 12 By Order filed October 31, 2017, the Court instructed Petitioner, a pro se 13 prisoner at the Benton County Jail, to show cause why this action should not be 14 dismissed for failure to prosecute. A copy of this Order was returned as 15 undeliverable on November 8, 2017. Petitioner has not complied with the Court’s 16 directive and has filed nothing further in this action. 17 18 19 20 Accordingly, IT IS ORDERED the Petition is dismiss without prejudice for failure to prosecute under Fed. R. Civ. P. 41 (b). IT IS SO ORDERED. The Clerk of Court is DIRECTED to enter this Order, enter judgment, and forward a copy to Petitioner at his last known address ORDER DISMISSING CASE --1 1 and close the file. The Court further certifies that pursuant to 28 U.S.C. § 2 1915(a)(3), an appeal from this decision could not be taken in good faith, and there 3 is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); 4 Fed. R.App. P. 22(b). 5 DATED this 10th day of January 2018. 6 7 __________________________ SALVADOR MENDOZA, JR. United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDER DISMISSING CASE --2

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