Cary v. Houser, No. 2:2018cv12758 - Document 4 (E.D. Mich. 2018)
Court Description: OPINION AND ORDER of Summary Dismissal Without Prejudice. Signed by District Judge Sean F. Cox. (JMcC)
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Cary v. Houser Doc. 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRYAN CARY, Plaintiff, v. Case No. 2:18-cv-12758 Hon. Sean F. Cox OFFICER HOUSER, Defendant. _______________________________________/ OPINION AND ORDER OF SUMMARY DISMISSAL WITHOUT PREJUDICE This is a civil action brought by Bryan Cary, a state prisoner incarcerated at the Gus Harrison Correctional Facility, in Adrian, Michigan. On October 29, 2018, the Court issued an order to correct Plaintiff’s filing deficiency because Plaintiff did not submit the filing fee or a properly completed and supported application for leave to file in forma pauperis. (ECF No. 3). Plaintiff was given until November 28, 2018, to correct the filing deficiency or face dismissal of his action. Plaintiff has not complied with the order to correct his filing deficiency. Accordingly, Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE for want of prosecution. See Fed. R. Civ. P. 41(b), Erby v. Kula, 113 Fed. Appx. 74, 75-6 (6th Cir. 2004); Davis v. United States, 73 Fed. Appx. 804, 805 (6th Cir. 2003). SO ORDERED. Dated: December 20, 2018 s/Sean F. Cox Sean F. Cox U. S. District Judge I hereby certify that on December 20, 2018, the foregoing document was served on counsel of record Dockets.Justia.com via electronic means and upon Bryan Cary via First Class mail at the address below: Bryan Cary 269436 GUS HARRISON CORRECTIONAL FACILITY 2727 E. BEECHER STREET ADRIAN, MI 49221 s/J. McCoy Case Manager 2
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