Schaeffer v. Department of Corrections et al, No. 5:2006cv00195 - Document 10 (W.D. Ky. 2010)

Court Description: MEMORANDUM AND OPINION by Chief Judge Thomas B. Russell on 1/4/2010: an appropriate order shall issuecc:counsel (KJS)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH CIVIL ACTION NO. 5:06CV-P195-R RONALD SCHAEFFER PLAINTIFF v. DEPARTMENT OF CORRECTIONS et al. DEFENDANTS MEMORANDUM OPINION By Order entered January 31, 2007, the Court dismissed Plaintiff s 42 U.S.C. § 1983 claims based on his allegedly false arrest, false imprisonment, false identity and false criminal charges pursuant to 28 U.S.C. § 1915A(b)(1). The Court further ordered that Plaintiff had 30 days from the entry of the Court s Order to file an amended complaint as related to his claims that he was molested and/or threatened by KSP personnel. Plaintiff was warned that failure to file an amendment with 30 days would result in dismissal of his complaint in its entirety. The authority of a federal trial court to dismiss a plaintiff s action with prejudice because of his failure to prosecute cannot seriously be doubted. Link v. Wabash R.R. Co., 370 U.S. 626 (1962). Plaintiff has not filed anything in this action since December 12, 2006. It appears to the Court that Plaintiff has abandoned this action. Accordingly, by separate Order, the Court will dismiss this action. Date: January 4, 2010 cc: 4413.008 Plaintiff, pro se Defendants Kentucky Justice & Public Safety Cabinet, Office of Legal Services

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